Shares owned in a foreign company may be subject to the foreign investment fund regime unless an exemption applies. Therefore, when an individual acquires shares in their foreign employer’s company, the potential application of the foreign investment fund regime must be considered.
Where the individual is a transitional resident, issues of cross border share or share option remuneration shall be considered. Complexities may arise where the individual has been granted employee share options or has received unvested shares while as a non-New Zealand tax resident and then exercises them after they have become a transitional resident.
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