TIB index based from the NZ Tax Information Bulletin - kwister.net
Current Time (NZ)
14:57:59
04 Apr 2025
14:57:59
04 Apr 2025
TIB index based from the NZ Tax Information Bulletin - kwister.net
QB 14/11: INCOME TAX - SCENARIOS ON TAX AVOIDANCE
In the scenarios, the arrangements and the conclusions reached are framed broadly. As the objective is to consider the application of s BG 1, the analysis proceeds on the basis that the tax effects under the specific provisions of the Act are achieved as stated. However, it should not be presumed that this would always be the caseQB 14/12: INCOME TAX – FOREIGN TAX CREDITS FOR AMOUNTS WITHHELD FROM UNITED KINGDOM PENSIONS
This QWBA concludes that a person cannot claim a foreign tax credit in New Zealand for any amounts withheld by their United Kingdom pension provider from a United Kingdom pension. This confirms Inland Revenue's longstanding view. HM Revenue & Customs agrees with Inland Revenue's view and will refund amounts incorrectly paid to them.COMMISSIONER'S OPERATIONAL POSITION ON FOREIGN TAX CREDITS FOR AMOUNTS WITHHELD FROM UNITED KINGDOM PENSIONS
The purpose of this item is to inform taxpayers of the operational position being adopted by the Commissioner in relation to this matter.COURT HAD JURISDICTION TO CURE FAILURE TO FILE A NOTICE OF PURSUIT OF CLAIM
The failure to file and serve a notice of pursuit of claim ('NPC') was a procedural irregularity and did not nullify the proceeding. The Court had jurisdiction to cure that irregularity, hear the strike-out application and enter judgment and did so in this case because there was no prejudice to the appellant.JUDICIAL REVIEW OF DECISION TO REMOVE TAX AGENT FROM LIST OF APPROVED TAX AGENTS
Commissioner of Inland Revenue ('the Commissioner') fully complied with her obligations under s 34B(9) of the Tax Administration Act 1994 ('TAA') to give the tax agent reasons for any proposed decision to remove the tax agent from the list of approved tax agents.JUDICIAL REVIEW OF DECISION NOT TO RECALCULATE
This was a judicial review by Trinity investors asserting that following a tax challenge, the subsequent collection / recovery of tax is a new phase and there is a duty on the Commissioner of Inland Revenue ('the Commissioner') to recalculate the amount owing. The High Court rejected that there was any such duty and noted the Commissioner is entitled to collect the amount fixed in the challenge proceedings.TAXPAYER DID NOT HAVE A PERMANENT PLACE OF ABODE IN NEW ZEALAND
This was an appeal by Mr Diamond against the Taxation Review Authority ('TRA') finding that he had a permanent place of abode in New Zealand and therefore was a resident in New Zealand for tax purposes for the years in dispute. The High Court on appeal found for the taxpayer and determined that he was not a resident.