Part C
Income
Income from equity
CD 19Foreign tax credits and refunds linked to dividends
If a double tax agreement gives a person a tax credit in a foreign country when they derive a dividend from that country, the amount of the dividend is increased by the tax credit.
When a person who has derived a dividend from outside New Zealand also derives a refund of income tax of a foreign country, the refund is treated as a dividend if—
- the company paying the dividend was entitled to deduct the tax from the dividend; and
- the person was not personally liable to pay the tax.
Compare
- 2004 No 35 s CD 11