Tax-AW241

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Residency

 


Exercise 1
Answer the following questions.
 

  1. According to the 2007 Income Tax Act (ITA) [#YA 1] of “New Zealand,” for tax purposes, how is New Zealand defined and why is it defined in such broad terms?
  2. In what circumstances will an individual be resident in NZ for tax purposes?
  3. In what circumstances will an individual cease to be a resident of NZ for tax purposes?
  4. What factors would need to be considered when determining whether an individual has a “permanent place of abode” in NZ?

 
Exercise 2
 

  • Ahren is a German who resides in Berlin. He has never visited NZ, but deposits
  • $20,000 with the Mt Albert branch of the ASB where interest rates are higher than obtainable in Berlin. The interest is credited monthly to his overseas current account. Is this interest subject to NZ tax?

    •  

  • An individual has “permanent places of abode” in both Poland and NZ. Will that person be deemed to be a NZ tax resident?
  • A NZ soldier is transferred to Afghanistan for two years on 3 May 2012. He is engaged on a peace keeping role and will remain in the employment of the NZ Army. He sells all his NZ property, closes all bank accounts, and has no family living in NZ. When does the soldier cease to be a NZ resident?

    •  

  • A number of musicians visit New Zealand to perform concerts. What, if any, are their tax obligations in NZ?

    •  
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    Exercise 3
     

    Dr Larry Brin was born in Sweden and has lived in there for the last 40 years. He visited NZ on a scholarship to undertake research for the New Zealand Health Department. Larry made several tri[s home to check on his ailing wife’s welfare.
     

      Visit 1 Visit 2 Visit 3 Visit 4
    Arrived in New Zealand 3-Jan-12 15-Mar-12 23-Jun-12 6-Oct-12
    Departed from New Zealand 29-Jan-12 2-May-12 10Sep-12 2-Nov-12

     

    Larry has not been to New Zealand prior to 3 January 2012.

    He was accompanied by his teenage son and they rented an apartment in Auckland for the duration of his tenure. Larry purchased a motor vehicle for the use whilst in NZ and he joined the local golf club. Larry did not return to New Zealand after 2 November 2012.

     

    Required

     

    1. Determine the period (if any) during which Larry is deemed to be a New Zealand resident for tax purposes
    2. What income (if any) will be assessable in New Zealand?

     

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