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New Zealand law explained for everyone

Income Tax Act 2007

Taxation of certain entities - Agents

HD 18: Agency in relation to absentees generally

You could also call this:

“Rules for representing absent taxpayers”

Sections HD 19 to HD 25 set rules for when someone can be treated as an agent for an absentee’s income. If you’re treated as an agent, you must follow the tax rules in section HD 3 for the income you’re responsible for.

An absentee can be a few different things. It can be a person who is not in New Zealand right now. It can also be a foreign company, unless that company has a fixed place in New Zealand where it does business under its own name. The Commissioner can also declare a foreign company an absentee by sending a notice to the company or its representative in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1517429.

Topics:
Money and consumer rights > Taxes
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HD 19: Persons receiving absentees’ income, or

“Handling income for someone overseas”

Part H Taxation of certain entities
Agents

HD 18Agency in relation to absentees generally

  1. Sections HD 19 to HD 25 apply for the purposes of this Act to treat a person as an agent in relation to the income of an absentee when certain conditions are met and to the extent set out in the circumstances described in those sections. The person must meet the tax obligations set out in section HD 3 in relation to the income to which the agency applies.

  2. In this subpart, absentee means—

  3. a natural person who is for the time being out of New Zealand:
    1. a foreign company, unless it has a fixed and permanent place of business in New Zealand at which it carries on business in its own name:
      1. a foreign company when the Commissioner declares that it is an absentee for the purposes of this Act by giving notice to the company, or its agent or representative in New Zealand.

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