What’s the problem we’re trying to fix?
In New Zealand, trusts are widely used to hide wealth and pass it between generations untaxed, increasing inequality and depriving everyone of revenue to fund our schools, hospitals and infrastructure.
How this happens is a little complex, so we’ve got a handy explainer for you.
A trust is a legal arrangement between:
- a settlor (who deposits assets into a trust)
- trustees (who manage the assets) and
- beneficiaries (who benefit from the assets, including the income they generate over time).
Trusts are not transparent. There are an estimated 650,000 trusts in New Zealand, many of which we know nothing about. Those which have to report to the Inland Revenue (Tax) Department collectively held half a trillion dollars ($528bn) or 18% of our wealth in 2023. But those are estimates. We know almost nothing certain about these trusts, including how much wealth they hold in total. And you can’t tax wealth if it’s hidden.
Unlike individuals, trusts hold assets across generations. So they escape important taxes that provide revenue to fund the things that matter, improve fairness and support a more productive economy.
How so? A person who owns assets will eventually either:
- sell the assets
- gift the assets or
- keep the assets until they pass away, and they pass to inheritors.
These ‘transfer events’ could be taxed by a capital gains tax or wealth transfer tax (neither of which we have yet in NZ). However, assets owned by a trust may never pass hands across generations - because the trust itself owns the assets. This places assets held in trusts outside the scope of a capital gains tax or inheritance tax.
It also means that trusts are a key tool for private wealth to be passed down to generations who have done nothing to earn that wealth.They are also a key way that income-generating wealth (such as shares in a large corporate group) is held by wealthy owners which makes it easier for them and their families to minimise the tax they pay. This makes our society more unequal, puts the less-well off at an unfair disadvantage and starves New Zealand of revenue to pay for the public goods that make everyone’s lives better.
How can we tax trusts better?
Create transparency with a trusts register. A comprehensive register would identify who is involved in a trust, in particular who are the ‘beneficial owners’ - those who would benefit from the trust. A register would also identify all the assets held in the trust, above a certain wealth threshold.
Charge a levy on trusts. To address the taxation ‘gap’ that trusts fall into, we could put in place an annual “intergenerational levy” of 1% on trust assets above $5 million. Taxing trusts is crucial for any capital gains tax or inheritance tax to function effectively - otherwise trusts will be used to dodge those taxes.
Why would this make things better?
We can’t tax trusts properly without transparency - and we must tax trusts properly if we’re going to have a fair tax system. A trusts register would provide us with the information we need to do so.
Trusts are a key mechanism for increasing wealth inequality and the unfairness of our tax system, by allowing wealth collected by one generation to pass untaxed to another generation, who has done nothing to earn that wealth. Generation after generation less well-off people, who don’t happen to have wealthy parents and grandparents, and who work for their income are at an ever increasing disadvantage. Trusts are also one of the most important methods used by the rich to minimise tax. Taxing trusts is an critical tool, alongside other taxes, to address unfair intergenerational wealth transfer.