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EX 44: Five calculation methods
or “How to choose from five methods to calculate your foreign investment fund income or loss”

You could also call this:

“Death benefit payments from certain life insurance policies are not counted as income”

You don’t have to count some money as FIF income if it comes from a death benefit payment from a life insurance policy. This applies in two main situations.

The first situation is when you or someone who has died (called the contracting party) signed up for the life insurance when you weren’t living in New Zealand. For this to apply, when the contract was signed, the person either had never lived in New Zealand before or hadn’t lived there for at least 10 years. Also, the death benefit payment wasn’t made bigger by any choices after the person moved to New Zealand.

The second situation is when you or the contracting party signed up for the life insurance before 2 July 1992. In this case, the death benefit payment wasn’t made bigger by any choices on or after that date.

If either of these situations applies to you, you don’t have to include the death benefit payment when you’re working out your FIF income.

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Next up: EX 46: Limits on choice of calculation methods

or “Rules for choosing how to calculate Foreign Investment Fund income or loss”

Part E Timing and quantifying rules
Controlled foreign company and foreign investment fund rules: Calculation of FIF income or loss

EX 45Exclusion of amounts of death benefit

  1. When this section applies, a person is treated as not deriving FIF income to the extent to which the income arises solely from receiving a death benefit under a life insurance policy.

  2. This section applies if—

  3. the person or the deceased (the contracting party), when not a New Zealand resident, entered into a binding contract that gave rise to the benefit; and
    1. at the time the contract was entered into, the contracting party either had not previously been a New Zealand resident or had not been a resident for at least the previous 10 years; and
      1. the benefit was not increased by a voluntary action taken after the contracting party became a resident.
        1. This section also applies if—

        2. before 2 July 1992 the person or the contracting party entered into a binding contract giving rise to the benefit; and
          1. the benefit was not increased by a voluntary action taken on or after 2 July 1992.
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