The Issues Log

Section HA 7(3)(c)(ii) of the 2007 Act refers to "... the group who derived beneficiary income from dividends from the qualifying company" whereas section OB 3(3)(d)(i) of the income Tax Act 2004 referred to "...the persons who ... derived from the trust beneficiary income being dividends derived from any qualifying company".

Previously, prior to repeal Regulation 10 of the Income Tax (Withholding Payments) Regulations 1979 provided as follows:

"Where the income derived from New Zealand by a non-resident entertainer consists solely of specified payments from which tax deductions have been made in accordance with these regulations, the income tax liability of the non-resident entertainer is deemed to equal the total amount of the tax deductions made under these regulations.

Provided that if in any case the non-resident entertainer furnishes a return of income under the Tax Administration Act 1994 in respect of that income, the income tax liability of the non-resident entertainer shall be determined in accordance with the Act."