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New Zealand law explained for everyone

Income Tax Act 2007

Taxation of certain entities - Portfolio investment entities - Requirements

HM 8: Residence in New Zealand

You could also call this:

“When you're considered a New Zealand resident for tax purposes”

You need to live in New Zealand for this rule to apply to you. This means two things:

  1. You must be a resident of New Zealand.

  2. If there’s an agreement between New Zealand and another country about taxes, it can’t say that you’re not a resident of New Zealand.

There’s another rule called Section HM 19B(2) that can change how this rule works. If you want to know more about that, you should look it up.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2888721.

Topics:
Money and consumer rights > Taxes
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Part H Taxation of certain entities
Portfolio investment entities: Requirements

HM 8Residence in New Zealand

  1. The entity must be—

  2. resident in New Zealand; and
    1. not treated under a double tax agreement as not resident in New Zealand.

      1. Section HM 19B(2) modifies this section.

      Compare
      • s HL 3(10)
      Notes
      • Section HM 8: inserted, on (applying for the 2010–11 and later income years), by section 292(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
      • Section HM 8(1) heading: inserted, on , by section 57(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
      • Section HM 8(2) heading: added, on , by section 57(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
      • Section HM 8(2): added, on , by section 57(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
      • Section HM 8 list of defined terms foreign investment zero-rate PIE: inserted (with effect on 29 August 2011), on , by section 85 of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).