Taxenophobia

Written By: - Date published: 4:51 pm, August 20th, 2014 - 22 comments
Categories: uncategorized - Tags:

Tim Hunter aka “Chalkie” has a fascinating article in today’s DomPost on why foreigners are so keen to buy New Zealand assets – tax. He discusses Wellington Electricity Network and Lochinver to make the point that “the real appeal of investing in New Zealand is how easily foreign companies manage to avoid paying tax” – anywhere.

“There are huge tax advantages available to overseas investors that simply cannot be accessed by locals. They crank up the returns available to foreign buyers and make New Zealand assets worth more to overseas owners than to New Zealand residents.”

He looks Wellington Electricity Network as an example, and also Lochinver. Read it and weep – or get mad.

WED was bought by Cheung Kong Infrastructure Holdings  for $785million. It makes a loss, not because of its cashflow but because of its debt – 80% of its asset value. The debt is to a CKI company registered in the British Virgin Islands at a premium rate 12.5%. It pays no tax in New Zealand becuase of the loss and pays no tax anywhere else because it is owned in the Bahamas “where , like BVI, the tax system is a warm bath for companies to float in the dark and listen to the sound of money – no company tax, no withholding tax, no captial gains tax, nothing.”

Chalike discusses the Lochinver sale as well.

Chalkie reckons we should welcome foreign investment, but not so much that we meet it at the airport with the tax equivalent of a red carpet on the tarmac, a chauffeur-driven limousine, free accommodation at Kauri Cliffs and an invite to John Key’s house for drinkies every Friday night. Whatever the benefits of overseas ownership – and there will be some – Chalkie reckons we should also take account of the costs.

The issue is the same whether the assets are companies or farmland. The would-be buyer of Lochinver Station near Taupo has been named as Pure 100 Farm, described by the Overseas Investment Office as “a wholly owned subsidiary of Shanghai Pengxin Group”.

It may be, but its immediate parent is Milk New Zealand Holding, owner of the former Crafar and Synlait farms in Waikato and Canterbury. Milk New Zealand Holding is wholly owned not by Shanghai Pengxin, but by Milk New Zealand Investment, a company registered in the British Virgin Islands. The ownership was disclosed to the Companies Office on August 13.

Chalkie reckons owning New Zealand farms through a Caribbean tax haven may have tax advantages – or is that xenophobic?

The ownership was disclosed on August 13. On August 2 Farrar’s Kiwiblog (repeated in National Business Review) carried this post in support of Steven Joyce’s “xenophobia” attack on Labour’s Grant Robertson on TV3’s The Nation.

Interestingly, a couple of the commenters on Kiwiblog were awake to the murky ownership of the Lochinver would-be  buyers. However I think Chalkie is right – we should pay attention to the costs of foreign investment, and we need tot alk about that rec carpet rollout.

Joyce’s thoughtless bullying exemplifying National’s thoughtless  “soundbite” approach leaves New Zealand wide open. At least Labour will keep New Zealand for New Zealanders and will also close the tax loopholes available to multinational corporates.

Time for a change.

P.S. For more on Wellington Electricity Network’s history and the stupidity of asset sales to foreigners, see this Fabian Society paper comparing outcomes for water and electricity networks in Wellington.

 

 

 

22 comments on “Taxenophobia ”

  1. ghostwhowalksnz 1

    Milk NZ Holdings were only able to buy the former Crafar farms because the National government stepped in to require the taxpayers milk the cows for them.

    Thats right they worked out a deal for Landcorp to become sharemilkers on someone elses land. Its crazy and not why we have a SOE involved in agriculture. I know that some people have long term leases on landcorp farms and some sharemilkers are on landcorp dairy farms.
    But the other way around ???

  2. hoom 2

    In the beginnings of the USA the citizens had the issue of Taxation without Representation.

    The world currently has the reverse problem of Rich & Corporates who have excessive Representation and no Taxation.

  3. ghostwhowalksnz 3

    As an aside I thought we had strict ‘thin capitalization’ rules to knock out most of this borrowing the lot off shore

    Seems as though there is looholes
    http://taxpolicy.ird.govt.nz/publications/2013-commentary-arearm/thin-capitalisation-rules

  4. alwyn 4

    I notice that you did a fairly selective edit of the article.
    The main organisation he talks about was Wellington Network which Chalkie says was bought in 2008 when, guess who (hint starts with an L) were the Government. He also says that, under a National Government the IRD are going to tighten up on the rules.
    Yes the rules are wrong but at least the current Government plan to do something about it.

    • infused 4.1

      Yeah, Labour flogged that one off… on the quiet too.

    • Draco T Bastard 4.2

      The main organisation he talks about was Wellington Network which Chalkie says was bought in 2008 when, guess who (hint starts with an L) were the Government.

      And a lot of us were saying at the time that it should have come under the Strategic Assets legislation that the Labour led government had just passed.

      Yes the rules are wrong but at least the current Government plan to do something about it.

      So do the next government. Thing is, we’ve known about these tax loopholes for years and National haven’t actually done anything about them. Instead they’ve been passing laws that damage working peoples rights, engaging in beneficiary bashing and giving state subsidies to WB, Rio Tinto and SkyCity.

      And, yes, I’ll agree that a government can’t do everything at once but these should have been a priority in 2008 or earlier.

  5. disturbed 5

    Can we get someone to compile an up to date list of foreign companies take overs as this as Farrar “taxpayers Union” or Government has yet to do.

    List of foreign taxpayers rip-off”s of the N.Z. taxpayer.

    1/ Lochinvar Station. to Shanghai Pengxin Group”.
    2/ 49% sale of Mighty river power, ?
    3/ Crafer Farms, to Milk NZ Holdings – British Virgin Islands
    4/ Wellington Electricity Ltd – Cheung Kong Infrastructure Holdings
    5/ Genesis Energy, to ?
    6/ Meridian Energy, ?

    Add to anyone.

    • Gareth 5.1

      ASB, ANZ, BNZ, National, Westpac

      • TheContrarian 5.1.1

        Westpac has always been an Aussie bank and ASB was, from memory, never owned by the govt. Same goes with ANZ too actually – was never a govt owned banking outfit.

        • felix 5.1.1.1

          I think the australian-owned westpac bought and subsumed the locally-owned trustbank, hence westpactrust.

          • TheContrarian 5.1.1.1.1

            True they did (like ANZ acquiring National bank) but Westpac and ANZ were always foreign owned and ASB has never been publicly owned.

            All three, however, have consumed and assimilated NZ owned enterprises. Except for maybe ASB

    • disturbed 5.2

      Updated any further?

      Can we get someone to compile an up to date list of foreign companies take overs as this as Farrar “taxpayers Union” or Government has yet to do.
      List of foreign taxpayers rip-off”s of the N.Z. taxpayer.

      1/ Lochinvar Station. to Shanghai Pengxin Group”.
      2/ 49% sale of Mighty river power, ?
      3/ Crafer Farms, to Milk NZ Holdings – British Virgin Islands
      4/ Wellington Electricity Ltd – Cheung Kong Infrastructure Holdings
      5/ Genesis Energy, to ?
      6/ Meridian Energy, ?
      7/BNZ
      8/Partial sale of Air NZ.
      9/Wairakei geothermal Power Station, to Contact/Origin Energy
      10/ Works Infrastructure ex (M.O.W). to Downer (Aust’)

  6. mikesh 6

    It’s about time interest was declared non deductible. It’s not really a business expense in any case.

  7. Draco T Bastard 7

    If that article is right, and I have no reason to doubt it, and Labour et al do close the tax loopholes (which I also have no reason to doubt) then you can start counting the time until foreign investors start running for the hills as their tax exempt status gets shut off.

  8. ianmac 8

    Who could ask if Cheung Kong Infrastructure Holdings paid any tax in NZ?
    Mr Key is very well informed and open and transparent.

  9. Alistair Connor 9

    The important point is that the various “free trade” treaties NZ has signed, or is negotiating, make it obligatory that the country be open to foreign investment.

    This is sold with “level playing field” arguments. But the playing field will never be level between local companies and multinational firms — or perhaps we should call them “non-national firms”, because they might as well be domiciled on the moon if they escape all tax jurisdictions.

    The case of Wellington’s electricity distribution is a blatant example. The story of the 12% interest rate paid to a letterbox in the Virgin Islands cries out for a law change — it would surely be legitimate to tax at, say 50%, interest paid to related parties at above market rates?

    I am opposed to all further opening of trade — in particular, the Pacific treaty under negotiation — until such time as a satisfactory international tax treaty has been established (which is likely never…)

  10. Rolf 11

    This is a trick used all over the world now, not only concerning New Zeeland. The investor put his money in a bank in, for instance UAE. He takes a loan from a bank or financial institution in BVI or Singapore, the UAE bank balance is the security. The loan interest and cost from BVI or Singapore is set high, and pay for the other costs many times over. The cost of money, interest to the BVI or Singapore is of course deductible as a commercial expense, hence no or little tax in the end. All the high tax nations are exposed to this, the real investor may even live in the same country, in this case, he lives in New Zealand, but is hidden from view through the system. This way the costs are high, and he does not have to pay tax. The only remedy is to cut the tax.

  11. Rich 12

    Cutting the tax rate? That won’t do anything, quite obviously the preffered tax rate is 0%.

    But as someone said elsewhere cut the tax claim on interest, and you will defeat this. Sure it will get a few legitimate businesses a bit antsy at first but then if your gearing is reasonable, you will be able to handle it. Well run debt evasive companies and businesses will do well.

Recent Comments

Recent Posts

  • Low gas production threatens energy security
    There has been a material decline in gas production according to figures released today by the Gas Industry Co.  Figures released by the Gas Industry Company show that there was a 12.5 per cent reduction in gas production during 2023, and a 27.8 per cent reduction in gas production in the ...
    BeehiveBy beehive.govt.nz
    5 hours ago
  • Defence industry talent, commitment recognised
    Defence Minister Judith Collins tonight announced the recipients of the Minister of Defence Awards of Excellence for Industry, saying they all contribute to New Zealanders’ security and wellbeing. “Congratulations to this year’s recipients, whose innovative products and services play a critical role in the delivery of New Zealand’s defence capabilities, ...
    BeehiveBy beehive.govt.nz
    13 hours ago
  • Speech to the Minister of Defence Awards of Excellence for Industry
    Welcome to you all - it is a pleasure to be here this evening.I would like to start by thanking Greg Lowe, Chair of the New Zealand Defence Industry Advisory Council, for co-hosting this reception with me. This evening is about recognising businesses from across New Zealand and overseas who in ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • Speech to the Sixth Annual New Zealand Government Data Summit
    It is a pleasure to be speaking to you as the Minister for Digitising Government.  I would like to thank Akolade for the invitation to address this Summit, and to acknowledge the great effort you are making to grow New Zealand’s digital future. Today, we stand at the cusp of ...
    BeehiveBy beehive.govt.nz
    15 hours ago
  • Ceasefire agreement needed now: Peters
    New Zealand is urging both Israel and Hamas to agree to an immediate ceasefire to avoid the further humanitarian catastrophe that military action in Rafah would unleash, Foreign Minister Winston Peters says.   “The immense suffering in Gaza cannot be allowed to worsen further. Both sides have a responsibility to ...
    BeehiveBy beehive.govt.nz
    20 hours ago
  • Daily school attendance data now available
    A new online data dashboard released today as part of the Government’s school attendance action plan makes more timely daily attendance data available to the public and parents, says Associate Education Minister David Seymour.  The interactive dashboard will be updated once a week to show a national average of how ...
    BeehiveBy beehive.govt.nz
    21 hours ago
  • Ambassador to United States appointed
    Foreign Minister Winston Peters has announced Rosemary Banks will be New Zealand’s next Ambassador to the United States of America.    “Our relationship with the United States is crucial for New Zealand in strategic, security and economic terms,” Mr Peters says.    “New Zealand and the United States have a ...
    BeehiveBy beehive.govt.nz
    24 hours ago
  • New permit proposed for recreational gold mining
    The Government is considering creating a new tier of minerals permitting that will make it easier for hobby miners to prospect for gold. “New Zealand was built on gold, it’s in our DNA. Our gold deposits, particularly in regions such as Otago and the West Coast have always attracted fortune-hunters. ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • NZ and the UAE launch FTA negotiations
    Minister for Trade Todd McClay today announced that New Zealand and the United Arab Emirates (UAE) will commence negotiations on a free trade agreement (FTA). Minister McClay met with his counterpart UAE Trade Minister Dr Thani bin Ahmed Al Zeyoudi in Dubai, where they announced the launch of negotiations on a ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • New Zealand Sign Language Week an opportunity for anyone to sign
    New Zealand Sign Language Week is an excellent opportunity for all Kiwis to give the language a go, Disabilities Issues Minister Louise Upston says. This week (May 6 to 12) is New Zealand Sign Language (NZSL) Week. The theme is “an Aotearoa where anyone can sign anywhere” and aims to ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Next stop NASA for New Zealand students
    Six tertiary students have been selected to work on NASA projects in the US through a New Zealand Space Scholarship, Space Minister Judith Collins announced today. “This is a fantastic opportunity for these talented students. They will undertake internships at NASA’s Ames Research Center or its Jet Propulsion Laboratory (JPL), where ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • $1.9 billion investment to keep NZ safe from crime
    New Zealanders will be safer because of a $1.9 billion investment in more frontline Corrections officers, more support for offenders to turn away from crime, and more prison capacity, Corrections Minister Mark Mitchell says. “Our Government said we would crack down on crime. We promised to restore law and order, ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • OECD reinforces need to control spending
    The OECD’s latest report on New Zealand reinforces the importance of bringing Government spending under control, Finance Minister Nicola Willis says. The OECD conducts country surveys every two years to review its members’ economic policies. The 2024 New Zealand survey was presented in Wellington today by OECD Chief Economist Clare Lombardelli.   ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Agreement delivers Local Water Done Well for Auckland
    The Government has delivered on its election promise to provide a financially sustainable model for Auckland under its Local Water Done Well plan. The plan, which has been unanimously endorsed by Auckland Council’s Governing Body, will see Aucklanders avoid the previously projected 25.8 per cent water rates increases while retaining ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Gaza and the Pacific on the agenda with Germany
    Foreign Minister Winston Peters discussed the need for an immediate ceasefire in Gaza, and enhanced cooperation in the Pacific with German Foreign Minister Annalena Baerbock during her first official visit to New Zealand today.    "New Zealand and Germany enjoy shared interests and values, including the rule of law, democracy, respect for the international system ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Decision allows for housing growth in Western Bay of Plenty
    The Minister Responsible for RMA Reform, Chris Bishop today released his decision on four recommendations referred to him by the Western Bay of Plenty District Council, opening the door to housing growth in the area. The Council’s Plan Change 92 allows more homes to be built in existing and new ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Speech to New Zealand China Council
    Thank you, John McKinnon and the New Zealand China Council for the invitation to speak to you today.    Thank you too, all members of the China Council. Your effort has played an essential role in helping to build, shape, and grow a balanced and resilient relationship between our two ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Modern insurance law will protect Kiwi households
    The Government is modernising insurance law to better protect Kiwis and provide security in the event of a disaster, Commerce and Consumer Affairs Minister Andrew Bayly announced today. “These reforms are long overdue. New Zealand’s insurance law is complicated and dated, some of which is more than 100 years old. ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government recommits to equal pay
    The coalition Government is refreshing its approach to supporting pay equity claims as time-limited funding for the Pay Equity Taskforce comes to an end, Public Service Minister Nicola Willis says.  “Three years ago, the then-government introduced changes to the Equal Pay Act to support pay equity bargaining. The changes were ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Transforming how our children learn to read
    Structured literacy will change the way New Zealand children learn to read - improving achievement and setting students up for success, Education Minister Erica Stanford says.  “Being able to read and write is a fundamental life skill that too many young people are missing out on. Recent data shows that ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • NZ not backing down in Canada dairy dispute
    Trade Minister Todd McClay says Canada’s refusal to comply in full with a CPTPP trade dispute ruling in our favour over dairy trade is cynical and New Zealand has no intention of backing down. Mr McClay said he has asked for urgent legal advice in respect of our ‘next move’ ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Stronger oversight for our most vulnerable children
    The rights of our children and young people will be enhanced by changes the coalition Government will make to strengthen oversight of the Oranga Tamariki system, including restoring a single Children’s Commissioner. “The Government is committed to delivering better public services that care for our most at-risk young people and ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Streamlining Building Consent Changes
    The Government is making it easier for minor changes to be made to a building consent so building a home is easier and more affordable, Building and Construction Minister Chris Penk says.      “The coalition Government is focused on making it easier and cheaper to build homes so we can ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Minister acknowledges passing of Sir Robert Martin (KNZM)
    New Zealand lost a true legend when internationally renowned disability advocate Sir Robert Martin (KNZM) passed away at his home in Whanganui last night, Disabilities Issues Minister Louise Upston says. “Our Government’s thoughts are with his wife Lynda, family and community, those he has worked with, the disability community in ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Speech to New Zealand Institute of International Affairs, Parliament – Annual Lecture: Challenges ...
    Good evening –   Before discussing the challenges and opportunities facing New Zealand’s foreign policy, we’d like to first acknowledge the New Zealand Institute of International Affairs. You have contributed to debates about New Zealand foreign policy over a long period of time, and we thank you for hosting us.  ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Accelerating airport security lines
    From today, passengers travelling internationally from Auckland Airport will be able to keep laptops and liquids in their carry-on bags for security screening thanks to new technology, Transport Minister Simeon Brown says. “Creating a more efficient and seamless travel experience is important for holidaymakers and businesses, enabling faster movement through ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Community hui to talk about kina barrens
    People with an interest in the health of Northland’s marine ecosystems are invited to a public meeting to discuss how to deal with kina barrens, Oceans and Fisheries Minister Shane Jones says. Mr Jones will lead the discussion, which will take place on Friday, 10 May, at Awanui Hotel in ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Kiwi exporters win as NZ-EU FTA enters into force
    Kiwi exporters are $100 million better off today with the NZ EU FTA entering into force says Trade Minister Todd McClay. “This is all part of our plan to grow the economy. New Zealand's prosperity depends on international trade, making up 60 per cent of the country’s total economic activity. ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Mining resurgence a welcome sign
    There are heartening signs that the extractive sector is once again becoming an attractive prospect for investors and a source of economic prosperity for New Zealand, Resources Minister Shane Jones says. “The beginnings of a resurgence in extractive industries are apparent in media reports of the sector in the past ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Ō-Rākau Remembrance Bill passes first reading
    The return of the historic Ō-Rākau battle site to the descendants of those who fought there moved one step closer today with the first reading of Te Pire mō Ō-Rākau, Te Pae o Maumahara / The Ō-Rākau Remembrance Bill. The Bill will entrust the 9.7-hectare battle site, five kilometres west ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government to boost public EV charging network
    Energy Minister Simeon Brown has announced 25 new high-speed EV charging hubs along key routes between major urban centres and outlined the Government’s plan to supercharge New Zealand’s EV infrastructure.  The hubs will each have several chargers and be capable of charging at least four – and up to 10 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Residential Property Managers Bill to not progress
    The coalition Government will not proceed with the previous Government’s plans to regulate residential property managers, Housing Minister Chris Bishop says. “I have written to the Chairperson of the Social Services and Community Committee to inform him that the Government does not intend to support the Residential Property Managers Bill ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Independent review into disability support services
    The Government has announced an independent review into the disability support system funded by the Ministry of Disabled People – Whaikaha. Disability Issues Minister Louise Upston says the review will look at what can be done to strengthen the long-term sustainability of Disability Support Services to provide disabled people and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Justice Minister updates UN on law & order plan
    Justice Minister Paul Goldsmith has attended the Universal Periodic Review in Geneva and outlined the Government’s plan to restore law and order. “Speaking to the United Nations Human Rights Council provided us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while responding to issues and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Ending emergency housing motels in Rotorua
    The Government and Rotorua Lakes Council are committed to working closely together to end the use of contracted emergency housing motels in Rotorua. Associate Minister of Housing (Social Housing) Tama Potaka says the Government remains committed to ending the long-term use of contracted emergency housing motels in Rotorua by the ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Trade Minister travels to Riyadh, OECD, and Dubai
    Trade Minister Todd McClay heads overseas today for high-level trade talks in the Gulf region, and a key OECD meeting in Paris. Mr McClay will travel to Riyadh to meet with counterparts from Saudi Arabia and the Gulf Cooperation Council (GCC). “New Zealand’s goods and services exports to the Gulf region ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Education priorities focused on lifting achievement
    Education Minister Erica Stanford has outlined six education priorities to deliver a world-leading education system that sets Kiwi kids up for future success. “I’m putting ambition, achievement and outcomes at the heart of our education system. I want every child to be inspired and engaged in their learning so they ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • NZTA App first step towards digital driver licence
    The new NZ Transport Agency (NZTA) App is a secure ‘one stop shop’ to provide the services drivers need, Transport Minister Simeon Brown and Digitising Government Minister Judith Collins say.  “The NZTA App will enable an easier way for Kiwis to pay for Vehicle Registration and Road User Charges (RUC). ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Supporting whānau out of emergency housing
    Whānau with tamariki growing up in emergency housing motels will be prioritised for social housing starting this week, says Associate Housing Minister Tama Potaka. “Giving these whānau a better opportunity to build healthy stable lives for themselves and future generations is an essential part of the Government’s goal of reducing ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Tribute to Dave O'Sullivan
    Racing Minister Winston Peters has paid tribute to an icon of the industry with the recent passing of Dave O’Sullivan (OBE). “Our sympathies are with the O’Sullivan family with the sad news of Dave O’Sullivan’s recent passing,” Mr Peters says. “His contribution to racing, initially as a jockey and then ...
    BeehiveBy beehive.govt.nz
    1 week ago

Page generated in The Standard by Wordpress at 2024-05-07T21:50:24+00:00