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Property investors learn new LAQC rules

Sunday 17th of October 2010

Draft legislation to implement the changes to qualifying companies was released late last week.

The changes as forewarned in the Budget include:

  • Introduction of  new flow-through income tax rules for closely-held companies.
  • Allowing existing QCs and LAQCs to transition into the new flow-through tax rules or change to another business vehicle such as a limited partnership, without a tax cost.
  • Allowing existing QCs and LAQCs to continue to use the current QC rules without the ability to attribute losses (until a review of the dividend rules for closely-held companies has been completed).
The new rules create a new tax entity, called a look-through company (LTC). Shareholders of a closely-held company can elect to become an LTC.

An LTC's income, expenses, tax credits, rebates, gains and losses are passed on to its shareholders, in accordance with their shareholdings in the company.

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