Income Tax (Withholding Payments) Amendment Regulations (No 3) 2003

  • revoked
  • Income Tax (Withholding Payments) Amendment Regulations (No 3) 2003: revoked, on 1 April 2008, pursuant to section ZA 1(1) of the Income Tax Act 2007 (2007 No 97).

Reprint
as at 1 April 2008

Income Tax (Withholding Payments) Amendment Regulations (No 3) 2003

(SR 2003/279)

  • Income Tax (Withholding Payments) Amendment Regulations (No 3) 2003: revoked, on 1 April 2008, pursuant to section ZA 1(1) of the Income Tax Act 2007 (2007 No 97).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Inland Revenue Department.


Pursuant to section NC 21 of the Income Tax Act 1994 and sections 224 and 225 of the Tax Administration Act 1994, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on 1 December 2003.

3 Payments declared to be withholding payments
  • (1) Regulation 4(2) of the principal regulations is amended by revoking paragraph (d), and substituting the following paragraphs:

    • (d) any payment made in respect of, or in relation to, work done or services rendered by a non-resident contractor if the non-resident contractor is eligible for total relief from tax under a double tax agreement and is present in New Zealand for 92 days or less in any period of 12 months:

    • (e) any contract payment made in respect of, or in relation to, the contract activities of a non-resident contractor if the total amount of contract payments made for the contract activities to the non-resident contractor, the non-resident contractor's agent, and any other person acting on the non-resident contractor's behalf is $15,000 or less in any period of 12 months.

    (2) Subclause (1) applies to every payment made on or after 1 December 2003.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 December 2003, amend the Income Tax (Withholding Payments) Regulations 1979.

Currently, regulation 4 of those regulations contains an exemption under which non-resident contractors who are exempt from tax in New Zealand under a double taxation agreement are exempt from non-resident contractors' withholding tax if they are present in New Zealand for less than 62 days in any 12-month period. These regulations extend this period to 92 days or less in any 12-month period and clarify that the non-resident contractor must be eligible for total relief from tax under a double taxation agreement.

These regulations also add another exemption under which non-resident contractors are exempt from non-resident contractors' withholding tax if, in relation to the contract activities of the non-resident contractor, the total amount of contract payments made is $15,000 or less in any period of 12 months.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 October 2003.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Income Tax (Withholding Payments) Amendment Regulations (No 3) 2003. It incorporates all the amendments to the Income Tax (Withholding Payments) Amendment Regulations (No 3) 2003 as at 1 April 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)

  • 1 SR 1979/259