Description

Personal tax residence, corporate tax residence, and the application of DTAs

Determining whether a person is New Zealand tax resident (both under domestic law and for the purpose of any applicable double tax agreement) is critical for a number of reasons, including:

• Determining whether (and when) the person is subject to New Zealand income tax on their worldwide income;
• Determining whether the person is entitled to relief from double taxation under a double tax agreement;
• Determining whether the person is eligible to be treated as a “transitional resident” and, if so, from when.

This webinar examines Inland Revenue’s guidance on tax residency, and the impact of recent cases on tax residency.

In addition, the webinar will explain how to apply double tax agreements for tax residency purposes, transitional residency, and corporate tax residency.

ORIGINAL BROADCAST DATE

30 May 2024

LEARNING OUTCOMES

You will:

• Know what questions to ask clients to determine whether they are New Zealand tax resident.
• Understand what connections with New Zealand are more likely to result in a client having a “permanent place of abode” in New Zealand.
• Learn about the effect of recent case law developments on whether a person has a “permanent place of abode” in New Zealand.
• Understand the IRD’s current view on what constitutes a “permanent place of abode”.
• Know when a company will be treated as New Zealand tax resident.
• Understand how to apply the individual and corporate tax residence tie-breaker tests in double tax agreements.

SUITED TO

Accountants of all levels, tax lawyers, immigration lawyers and others who advise clients on tax residence issues.

PRESENTER

Stephen Tomlinson, Principal, Tomlinson Law.