Income Tax Act 2007

Residence

YD 1 Residence of natural persons
What this section does

(1)

This section contains the rules for determining when a natural person is a New Zealand resident for the purposes of this Act.

Permanent place of abode in New Zealand

(2)

Despite anything else in this section, a natural person is a New Zealand resident if they have a permanent place of abode in New Zealand, even if they also have a permanent place of abode elsewhere.

183 days in New Zealand

(3)

A natural person is a New Zealand resident if they are personally present in New Zealand for more than 183 days in total in a 12-month period.

Person treated as resident from first of 183 days

(4)

If subsection (3) applies, the natural person is treated as resident from the first of the 183 days until the natural person is treated under subsection (5) as ceasing to be a New Zealand resident.

Ending residence: 325 days outside New Zealand

(5)

A natural person treated as a New Zealand resident only under subsection (3) stops being a New Zealand resident if they are personally absent from New Zealand for more than 325 days in total in a 12-month period.

Person treated as non-resident from first of 325 days

(6)

The natural person is treated as not resident from the first of the 325 days until they are treated again as resident under this section.

Government servants

(7)

Despite subsection (5), a natural person who is personally absent from New Zealand in the service, in any capacity, of the New Zealand Government is treated as a New Zealand resident during the absence.

Presence for part-days

(8)

For the purposes of this section, a natural person personally present in New Zealand for part of a day is treated as—

(a)

present in New Zealand for the whole day; and

(b)

not absent from New Zealand for any part of the day.

Special concession for transitional residents[Repealed]

(9)

[Repealed]

No application for preceding 12 months[Repealed]

(10)

[Repealed]

Treatment of non-resident seasonal workers

(11)

Despite subsection (3), a non-resident seasonal worker is treated for the duration of their employment under the recognised seasonal employer (RSE) instructions as a non-resident.

Treatment of trustees

(12)

In this section, a natural person includes a natural person who is acting in the capacity of trustee.

Defined in this Act: natural person, New Zealand resident, non-resident seasonal worker, recognised seasonal employer (RSE) instructions, trustee

Compare: 2004 No 35 s OE 1

Section YD 1(1): amended, on 29 March 2018, by section 246(1) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(2): amended, on 29 March 2018, by section 246(2) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(3): amended, on 29 March 2018, by section 246(3) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(4): amended, on 29 March 2018, by section 246(4) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(5): amended, on 29 March 2018, by section 246(5) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(6): amended, on 29 March 2018, by section 246(6) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(7): amended, on 29 March 2018, by section 246(7) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(8): amended, on 29 March 2018, by section 246(8) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(9) heading: repealed (with effect on 1 April 2008), on 6 October 2009, pursuant to section 571(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1(9): repealed (with effect on 1 April 2008), on 6 October 2009, by section 571(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1(10) heading: repealed (with effect on 1 April 2008), on 6 October 2009, pursuant to section 571(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1(10): repealed (with effect on 1 April 2008), on 6 October 2009, by section 571(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1(11) heading: added (with effect on 1 April 2009), on 6 October 2009, by section 571(2) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1(11): added (with effect on 1 April 2009), on 6 October 2009, by section 571(2) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1(11): amended, on 1 October 2014, by section 146(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).

Section YD 1(12) heading: inserted, on 29 March 2018, by section 246(9) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1(12): inserted, on 29 March 2018, by section 246(9) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1 list of defined terms company: repealed, on 29 March 2018, by section 246(10)(b) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1 list of defined terms natural person: inserted, on 29 March 2018, by section 246(10)(a) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).

Section YD 1 list of defined terms non-resident seasonal worker: added (with effect on 1 April 2009), on 6 October 2009, by section 571(4) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1 list of defined terms recognised seasonal employer (RSE) instructions: inserted, on 1 October 2014, by section 146(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).

Section YD 1 list of defined terms recognised seasonal employment scheme: repealed, on 1 October 2014, by section 146(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).

Section YD 1 list of defined terms transitional resident: repealed (with effect on 1 April 2008), on 6 October 2009, by section 571(3) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YD 1 list of defined terms trustee: inserted, on 29 March 2018, by section 246(10)(a) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).