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INCOME TAX ASSESSMENT ACT 1997 - SECT 220.20

What is an NZ resident ?

Company

  (1)   A company is an NZ resident if:

  (a)   the company is incorporated in New Zealand; or

  (b)   the company is not incorporated in New Zealand but carries on business there and either:

  (i)   has its central management and control there; or

  (ii)   has its voting power controlled by * members who are NZ residents.

Natural person

  (2)   A natural person is an NZ resident if he or she resides in New Zealand.

  (3)   A natural person is also an NZ resident if his or her domicile is in New Zealand, unless the Commissioner is satisfied that the person's permanent place of abode is outside New Zealand.

  (4)   A natural person is also an NZ resident if he or she has actually been in New Zealand, continuously or intermittently, during more than half of the income year, unless the Commissioner is satisfied that:

  (a)   the person's usual place of abode is outside New Zealand; and

  (b)   the person does not intend to take up residence in New Zealand.

Not an NZ resident if an Australian resident

  (5)   A person is not an NZ resident if the person is an Australian resident. This has effect despite subsections   (1), (2), (3) and (4).

Table of sections

220 - 25   Application of provisions of Part   3 - 6 outside this Division

220 - 30   What is an NZ franking company ?

220 - 35   Making an NZ franking choice

220 - 40   When is an NZ franking choice in force?

220 - 45   Revoking an NZ franking choice

220 - 50   Cancelling an NZ franking choice



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