Part M
Tax credits paid in cash
Abating WFF tax credits
MD 7Third requirement: residence
The third requirement for an entitlement to an in-work tax credit is that the person or child referred to in section MD 4 meet the residence requirements of subsections (2) and (3), as applicable.
The person meets the residence requirements of subsection (1) if the person—
- has been—
- both a New Zealand resident and present in New Zealand for a continuous period of 12 months at any time; and
- resident in New Zealand under section YD 1 (Residence of natural persons) on the days for which a tax credit arises under section MD 1; and
- both a New Zealand resident and present in New Zealand for a continuous period of 12 months at any time; and
- is neither a transitional resident, nor the spouse, civil union partner, or de facto partner of a transitional resident.
The child meets the residence requirements of subsection (1) if the child is both resident and present in New Zealand for the entitlement period.
Compare
- 2004 No 35 s KD 2AAA(1)(c), (3), (4)
Notes
- Section MD 7(1): substituted (with effect on 1 April 2008), on , by section 359(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
- Section MD 7(1): amended, on , by section 472(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
- Section MD 7(2)(a): replaced (with effect on 1 April 2008), on , by section 125(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
- Section MD 7 list of defined terms in-work payment: repealed, on , by section 472(2)(b) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
- Section MD 7 list of defined terms in-work tax credit: inserted, on , by section 472(2)(a) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
- Section MD 7 list of defined terms resident: repealed (with effect on 1 April 2008), on , by section 125(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).