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What is my company's tax residency
- When is a company considered a New Zealand resident?
- Rules around permanent establishment
- Applying for an IRD number for your company
When is a company considered a New Zealand resident?
A company is resident in New Zealand if it meets any one of the following criteria:
Criteria | Description |
---|---|
It is incorporated in New Zealand | A company incorporated under the New Zealand Companies Act 1993 is resident in New Zealand. |
Control by company directors is exercised in New Zealand | Those acting in their capacity as directors control the company here, whether decision making is confined to New Zealand or not. |
It has its centre of management in New Zealand | This is the place from where the company as a whole is managed on a day-to-day regular basis. |
It has its head office in New Zealand | The head office of a company is the office from which the business of the company is directed and carried out. The focus of the test is the physical place of administration and management which is superior to all others. |
Rules around permanent establishment
The double tax agreement (DTA) between most countries and New Zealand states that a company with a permanent establishment in New Zealand will have income tax requirements here.
Criteria | Description |
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A permanent establishment for a business is a fixed place where the business activity is wholly or partly carried on. |
This includes:
|
The company may also have a permanent establishment in other circumstances. |
This includes
|
The company does not have a permanent establishment if it only uses facilities in New Zealand for certain activities. |
These are:
|
Applying for an IRD number for your company
If your company is deemed to be a resident of New Zealand, you will need to apply for an IRD number by completing an:
IRD number application - resident non-individual (IR596) form.