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New Zealand Chamber of Commerce in Hong Kong

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About Des Trigg


Des Trigg has been a tax partner and national tax director at New Zealand accountancy firm BDO Spicers (Spicer & Oppenheim prior to merging with BDO). He has been the Asia/Pacific representative on the firm's International Tax Committee, has presented tax seminars for the New Zealand Institute of Chartered Accountants and presented regularly in South East Asia on tax planning/asset protection for migrants and expatriates. Des recently retired as a partner and has practiced sole as Tax Consultant, specialising in land transactions, tax disputes and negotiated settlements with Inland Revenue. Prior to joining Spicer & Oppenheim, Des was a tax inspector with New Zealand Inland Revenue.


The information on this page is provided by Des Trigg CA Tax Consultant of Auckland.  The content is for information only and should not be acted upon without specific and proper professional advice. Neither the author, NZCCHK nor any staff member accept any liability to any other party.

New Zealand Tax

Updated as at 1 March 2015

There is a four year domestic income tax exemption in respect to foreign sourced income (other than employment or services income) available for overseas individuals who become tax resident.  The exemption is not available if the person has been a New Zealand tax resident within the previous 10 years.  This is referred to as the transitional residency exemption.

A company is resident if it is incorporated in New Zealand or its head office, centre of management or the place from which directors exercise control is situated in New Zealand.

The taxation of a trust is determined by the residence of its settlors.

Foreign sourced income derived by a New Zealand tax resident is subject to New Zealand tax at the taxpayer’s marginal tax rate. Foreign tax paid is available as a credit up to the equivalent New Zealand tax imposed.  Non-resident withholding tax [NRWT] deducted from passive income (interest/dividends/royalties) is generally available in full as a credit.  This is provided either by way of a double tax treaty or domestic tax legislation.  Imputation credits attached to foreign dividends are not available as a tax credit.

New Zealand adopts a comprehensive international tax regime under which New Zealand residents are subject to New Zealand tax [in respect to foreign investments] under either the Foreign Investment Fund [FIF] or Controlled Foreign Corporation [CFC] regimes.  Under the CFC regime, foreign sourced income of a foreign company controlled by New Zealand shareholders is attributed back to the New Zealand resident shareholder.  However, where a CFC generates active income (as opposed to passive income such as interest), that active income will not be reported for New Zealand taxation purposes; nor attributed to the New Zealand shareholders of the foreign company.  

Where an New Zealand resident has an interest in a FIF there is a requirement to calculate and return income attributable to that interest. Thus income is taxed as it is earned.

A person has FIF income if inter alia that person has rights in a foreign company, rights under a life insurance policy issued by a non-resident and such rights/entitlement are not otherwise exempted or fall within the CFC regime.

Pensions and annuity benefits are taxed as received.  Certain lump sum withdrawals from foreign superannuation schemes no longer come under the FIF regime.  First of all there is a four year window (non taxable) which is in addition to the transitional residency exemption (paragraph 6).  Outside of the four year window, the receipt of lump sum payments will be based on the length of residence of the person in New Zealand.

Dividends derived by a New Zealand resident individual from a foreign company (not subject to FIF rules) are subject to New Zealand income tax on the gross dividend.  Credit is available for foreign tax paid up to the equivalent New Zealand tax. Reference needs to be made to any double tax agreement for any variation to the above.  In so far as New Zealand / Hong Kong is concerned, Article 10 deals with dividends.

Where an investor owns less than 10% of a foreign company (referred as a portfolio investment), New Zealand has introduced a fair dividend rate [FDR] regime to tax foreign dividends.  The FDR has been set at 5% of the market value [MV] in a portfolio investment.  Australian listed investments (in general) are excluded from the FDR regime.  The FDR is deemed to be the return (including dividend) from the investment in the offshore shares on an annual basis.

Assume a taxpayer holds offshore shares with a market value [MV] of NZ$100k at 1 April 2014.  During the year the taxpayer acquires another NZ$20k, which is held at 31 March 2015.  During the year ended 31 March 2015, the taxpayer receives a dividend of NZ$3k.  Shares have a MV of NZ$121k at 31 March 2015.  Under FDR the taxpayer would be taxed on NZ$5k (5% of NZ$100k).  However, if the taxpayer can show his actual return is less than NZ$5k, he would be taxed on that lesser amount.  In the illustration, the taxpayer has received dividends of NZ$3k plus gain of NZ$1k to equal NZ$4k.  As a result, tax would be imposed on NZ$4k in the 2015 income year.

Unlike much of the Western world, New Zealand does not have a general capital gains tax [CGT].  There are certain transactions however (e.g. property dealers/ developers and traders in equities), where any gain/loss is assessable/deductible.

Once an New Zealand expatriate or immigrant moves to New Zealand, they will become subject to New Zealand tax on their worldwide income (subject to the four year exemption).  

New Zealand residential property has been a favoured investment option for non-resident investors.  Negative gearing allows losses to be offset against current and future assessable income.  Gains from the sale of such investment properties are generally not liable to New Zealand tax.

There is no longer an entitlement to claim depreciation on commercial and residential buildings.

Refer schedule below for current tax rate for individuals, companies and trusts. Nobody pays double tax.










New Zealand resident companies and New Zealand subsidiaries of a foreign company are taxed on net income after allowable deductions.  

Non-resident withholding tax [NRWT] is charged on dividends, interest and royalties remitted from New Zealand to non-residents. The rate is generally 15% (interest/royalties) and 30% (dividends).  In respect to countries with which New Zealand has a double tax treaty, NRWT is reduced to 15% (dividends) and 10% (interest/royalties).

NRWT is not deducted from the dividend paid where the company attaches full imputation credits and the person hold 10% or more of the shares in the company.

NRWT on interest can be substituted with a 2% approved issuer levy [AIL] which is payable by the borrower [the 2% itself is tax deductible].  This is not available where the parties (lender/borrower) are associated.

Investment in a Portfolio Investment Entity [PIE] allows returns to be taxed at a maximum 28%.  Some investors will be taxed as low as 10.5%.

An investor, who is not resident in New Zealand, can receive income that has a zero rate of tax attracted.  This recently introduced incentive to attract foreign investment is known as a notified foreign investor [NFI].  An NFI can invest in a Portfolio Investment Entity [PIE] via a zero-rate PIE.  

Advice/Warning

Migrants/returning expatriates do need to take professional advice prior to moving to New Zealand.  Currently, New Zealand Inland Revenue are accessing New Zealand transactions using foreign credit card accounts.  If the holder of those accounts has not filed a tax return, an enquiry letter results.  In a number of cases, migrants/returning expatriates have received entitlements (e.g. pension/lump sum payments/ dividends/interest), which are not subject to tax in the country of source, but which are liable for tax in New Zealand.

What if I get it wrong?

Where income has not been declared; or expenses wrongly claimed, New Zealand imposes a costly penalty regime.  The resulting additional core tax is then subject to accumulating late payment penalty, accumulating use of money interest and, some instances, shortfall penalties.

A rule of thumb method is that one can treble the amount of core tax to take into account the combination of penalties referred above.  A voluntary declaration (in other words one gets to Inland Revenue before they get to you) will generally reduce or eliminate the impact of shortfall penalties.

Disclaimer: This update is provided by Des Trigg CA Tax Consultant of Auckland.  The content is for information only and should not be acted upon without specific and proper professional advice.  Neither the author, NZCCHK nor any staff member accept any liability to any other party.

Des Trigg CA TAX CONSULTANT
Phone (DDI): +64 9 366 8150 Facsimile: +64 9 303 2322 Mobile: +64 21 768 967
Website:
www.destrigg.co.nz   Email: des@destrigg.co.nz

March 1, 2015


Tax Rates


%

Company

Flat Rate

0.28

Trustee


0.33

Individuals

Income to NZD 14,000 pa

0.105


NZD 14,001 - NZD 48,000 pa

0.175


NZD 48,001 - NZD 70,000 pa

0.3


Over NZD 70,000 pa

0.33

New Zealand imposes income tax on a residency/source basis.  It taxes residents on total worldwide income.  It taxes non-residents on New Zealand sourced income only.

Under domestic legislation, an individual becomes New Zealand tax resident where:

• they have been personally present in New Zealand for 183 days in any 365 days; or

• they have established a permanent place of abode (PPOA) in New Zealand.

The meaning of PPOA is currently before the Courts.  The Commissioner of Inland Revenue (CIR) has appealed a decision of the High Court, which in turn overruled decisions of the CIR and Taxation Revenue Authority that favoured the CIR.  The appeal is likely to be heard towards the end of 2015.

New Zealand and Hong Kong entered into a Double Tax Agreement [DTA] which came into effect on 1 April 2012.

 The provisions of a DTA overrule domestic legislation.  It is possible that a person may be deemed a tax resident in New Zealand as well as Hong Kong based on respective domestic legislation.  Here the DTA takes precedence.  Reference should be made to Article 4 of the DTA which is in effect a tie-breaker test; the effect of which only one country can succeed in attaching a tax residency tag.


Trigg on Tax