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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22149
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can the Inland Revenue Go into a family trust bank account

Customer Question

Can the Inland Revenue Go into a family trust bank account that is under two different names or even one name and take money out of that account for unpaid child support and or tax?
Submitted: 3 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 years ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Has there been a deduction notice first before this step was taken?
christhelawyer : Without such a notice this cannot be done.
christhelawyer : Sections 154 and 155 of the Child Support Act provide for deductions notices, and section 155(1)(a) does refer to money held on trust.
christhelawyer : it would depend on whether the family trust had the liable person as a beneficiary, and whether the money in the account was held to be paid to the beneficiary. Without this, then the deduction may not have been made properly.

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