Got overseas trustees or beneficiaries? You might need our help!
Having overseas beneficiaries or trustees for a New Zealand trust can lead to tax complications

Having overseas beneficiaries or trustees for a New Zealand trust can lead to tax complications in some overseas countries, including Australia. Here’s a summary of common scenarios where this may occur:
Tax Implications for Australian Beneficiaries
Distributions from New Zealand trusts to Australian tax residents are often taxable in Australia. This can include situations where the distributions are not taxable in NZ – including, for example, trusts distributing money that include capital gains or investment gains. This can affect both distributions now, as well as future inheritances. We would recommend getting advice from us, your Australian accountant or your lawyers if this is the case.
Overseas beneficiaries elsewhere
Distributions to beneficiaries who are tax residents of other tax jurisdictions may also attract tax overseas, depending on the tax laws of the country they are residents in. We recommend getting advice from your overseas accountants to ensure we can plan accordingly.
Risks of Appointing an Overseas Trustee
If a New Zealand trust appoints an Australian tax resident as a trustee, the entire trust’s assets and income may fall under the Australian tax net – including (for example) Australian capital gains tax. Other countries may have similar rules. We tend to recommend appointing trustees who have their tax residency in NZ only, in order to prevent unintended tax liabilities.
If you have any questions about this, please be in touch with our team.










