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Doing business in New Zealand - Grant Thornton

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Annual tax return and assessment<br />

<strong>New</strong> <strong>Zealand</strong> operates a self-assessment<br />

regime whereby taxpayers file an annual<br />

tax return and self assess the tax liability<br />

for the year. In prepar<strong>in</strong>g the return, the<br />

taxpayer calculates the amount of any<br />

tax payment outstand<strong>in</strong>g (see term<strong>in</strong>al<br />

tax below) after credits <strong>in</strong> respect of<br />

taxes deducted at source, provisional<br />

tax and foreign taxes paid. The taxpayer<br />

also calculates any provisional tax<br />

obligations <strong>in</strong> the subsequent tax year.<br />

The fil<strong>in</strong>g date for a company’s tax<br />

return is 7 July follow<strong>in</strong>g balance date<br />

for taxpayers with balance dates from<br />

1 October to 31 March. Taxpayers<br />

with balance dates from 1 April to 30<br />

September must file returns by the 7th<br />

day of the 4th month follow<strong>in</strong>g balance<br />

date. For example, a 30 June balance<br />

date taxpayer must file its return by the<br />

follow<strong>in</strong>g 7 October. In all cases, this<br />

may be extended to 31 March follow<strong>in</strong>g<br />

the normal due date where the taxpayer<br />

has an automatic extension of time by<br />

virtue of be<strong>in</strong>g on the Inland Revenue<br />

agency list<strong>in</strong>g with a recognised tax<br />

agent (such as a Chartered Accountant).<br />

Tax payment obligations and tim<strong>in</strong>g<br />

Taxes deducted at source<br />

In general, there are five broad<br />

categories of <strong>in</strong>come that are taxed at<br />

source:<br />

1 Non-resident passive <strong>in</strong>come, be<strong>in</strong>g<br />

dividends, <strong>in</strong>terest and royalties<br />

derived from <strong>New</strong> <strong>Zealand</strong> by nonresidents<br />

and that are subject to nonresident<br />

withhold<strong>in</strong>g tax (NRWT)<br />

2 Resident passive <strong>in</strong>come, be<strong>in</strong>g<br />

dividends and <strong>in</strong>terest that is derived<br />

by residents and subject to resident<br />

withhold<strong>in</strong>g tax (RWT)<br />

3 Income from employment (salaries,<br />

wages and taxable allowances) that is<br />

subject to ‘pay as you earn’ (PAYE)<br />

deductions<br />

4 Income from the performance of<br />

various specified personal services,<br />

<strong>in</strong>clud<strong>in</strong>g sales commissions,<br />

directors fees, enterta<strong>in</strong>ment fees and<br />

labour only contracts, that is subject<br />

to withhold<strong>in</strong>g tax<br />

5 Income from work undertaken <strong>in</strong><br />

<strong>New</strong> <strong>Zealand</strong> by non-residents<br />

that is subject to non-resident<br />

contractor’s tax (NRCT)<br />

The obligation to deduct is imposed on<br />

the payer who must account to Inland<br />

Revenue for the tax deducted.<br />

Term<strong>in</strong>al tax<br />

Annual tax liabilities <strong>in</strong> excess of<br />

provisional tax paid and taxes deducted<br />

at source (PAYE, RWT, NRCT and<br />

other withhold<strong>in</strong>g taxes) give rise to<br />

term<strong>in</strong>al tax obligations.<br />

The due date for payment of term<strong>in</strong>al<br />

tax is dependent on the taxpayer’s<br />

balance date and whether they file<br />

their own returns or use a tax agent<br />

(eg, external accountant) who has an<br />

extension of time arrangement with<br />

Inland Revenue.<br />

For taxpayers with the standard<br />

balance date of 31 March, term<strong>in</strong>al tax is<br />

due by:<br />

• 7 February of the follow<strong>in</strong>g calendar<br />

year, if the taxpayer is not l<strong>in</strong>ked<br />

to a tax agent or does not have an<br />

extension of time<br />

• 7 April of the follow<strong>in</strong>g calendar<br />

year, if the taxpayer is l<strong>in</strong>ked to a tax<br />

agent and has an extension of time to<br />

file the relevant tax return.<br />

Provisional tax<br />

Provisional tax is not a separate<br />

tax but a way of pay<strong>in</strong>g <strong>in</strong>come tax<br />

progressively as the <strong>in</strong>come is received<br />

through the year. Generally, three<br />

<strong>in</strong>stalments of provisional tax are paid<br />

(two dur<strong>in</strong>g the year and the f<strong>in</strong>al<br />

<strong>in</strong>stalment shortly after year end), based<br />

either on an uplift of the prior year tax<br />

liability or a forecast of the current year<br />

tax liability. The amount of provisional<br />

tax paid is then deducted from the f<strong>in</strong>al<br />

tax liability for the year as determ<strong>in</strong>ed<br />

<strong>in</strong> the tax return. Provisional tax is<br />

payable if the prior year tax liability<br />

exceeds $2,500.<br />

Where provisional tax is underpaid<br />

or overpaid hav<strong>in</strong>g regard to the actual<br />

tax liability for the year, taxpayers are<br />

generally exposed to use of money<br />

<strong>in</strong>terest (UOMI) payable either to or<br />

by Inland Revenue. UOMI is calculated<br />

based on the under or overpayment<br />

at each provisional tax due date and<br />

accrues until the balance is either<br />

paid or refunded. The present rates of<br />

UOMI are 1.75% on overpayments<br />

and 8.4% on underpayments. UOMI is<br />

generally assessable or deductible.<br />

<strong>Do<strong>in</strong>g</strong> <strong>bus<strong>in</strong>ess</strong> <strong>in</strong> <strong>New</strong> <strong>Zealand</strong> 20

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