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Tax Residency and Deductions: A New Zealand Taxation Dispute Analysis

  • TDS 24/19 focuses on income tax and GST deductions
  • Decision made on 3 May 2024 and issued on 15 October 2024
  • Topics include residency, income tax deductions, GST input tax deductions, and shortfall penalties
  • The taxpayer moved to New Zealand in October 2020 and left in January 2022
  • Failed to file GST returns on time for November 2021 and May 2022, leading to default assessments
  • Filed income tax return for the year ending 31 March 2022 in April 2022
  • After an audit, CCS proposed adjustments including disallowing GST expenses, including additional income, and imposing penalties
  • The taxpayer’s response to the NOPA was rejected as it did not meet the requirements
  • The case was escalated to TCO for adjudication
  • Main issues included residency status, entitlement to tax deductions, and applicable penalties
  • TCO decisions confirmed the taxpayer was a resident until January 2022, not entitled to deductions for expenses incurred outside New Zealand post-departure, and various penalties were justified based on the taxpayer’s actions and compliance history

Source: taxtechnical.ird.govt.nz

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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