Greg Neill New Zealand's Inland Revenue has finalised its interpretation statement (IS 14/01) regarding New Zealand's tax residence rules. The interpretation statement is structured in three parts and addresses the residence rules for individuals, companies and how the residence of persons connected with a trust will determine the tax treatment of trust income. (The separate consideration of trusts reflects the fact that, under New Zealand law, whether the trustees of a trust are taxed on worldwide income, or rather only on income sourced from New Zealand, depends primarily on the residence of any settlor rather than on the residence of the trustees.) The interpretation statement was issued on March 6 2014 and provides taxpayers with a welcome update of Inland Revenue guidance in this area, given that the previous published statement on tax residence was issued in 1989. Inland Revenue issued an exposure draft of the interpretation statement for comment and discussion in December 2012. One of the more troublesome aspects of that exposure draft was Inland Revenue's interpretation of the rules regarding the tax residence of individuals.
April 29 2014