A capital return is another matter which has its own set of rules which have thresholds which have different requirements for things you have to do both with IRD and and the High Court. Buybacks in place of dividends can work but I believe they cannot be pro-rata otherwise can be deemed a divvy and taxed. A non-pro-rata buyback is now getting more difficult to execute in terms of avoiding price manipulation allegations and the NZX rules.
STU has a fair way to go to chew up the tax losses but the other thing to note which I do not believe we see are the differences between tax accounting and FRS/IFRS or whatever accounting for reporting purposes. Regardless STI+U has been paying small dividends to show intent and retain the option for cap return with the 2 minimum thresholds being 10% and 15% of a calc based around mkt cap. Even over 15% if the IRD commissioner decides that a pro rata payment is merely a dividend in lieu eg you save up 3 years of earnings and then make a "capital" payment then tax will be levied. There is tonnes of written stuff about this. If you want that I suggest writing to the board.
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