Have the “associated person” reforms to the New Zealand Income Tax Act 2007, enacted in October 2009, gone too far? Were they necessary and should they have such wide ranging effects in the non-land taxing provisions? Much of the debate which arose from the reform to the “associated...

This article considers the issue of whether or not New Zealand trustees must be recognized as valid parties in New Zealand's treaty network by exploring the various approaches that may be adopted in the interpretation of tax treaties and the diverging constructions of the residence article.New...

This article examines the potential conflict between thin capitalization rules and the OECD Model article on non-discrimination using the New Zealand regime exempli gratia. It is discriminatory to impose a higher tax burden on an enterprise funded with foreign capital. Yet that is the basis for...

This article begins by examining the relationship between thin capitalisation rules and double tax treaties. After examining the potential for a fundamental conflict in this area it looks at the OECD's attempts to resolve the problem (in section 2). In sections 3 and 4, the article examines the...

This paper considers New Zealand's hybrid tax credit system consisting principally of a credit system combined with exemption features in respect of certain classes of income, both of which aim to provide relief to minimise the impact of foreign income being taxed in a foreign jurisdiction as...

This article considers the significance of the term "beneficial ownership" in Articles 10, 11 and 12 of the OECD Model Double Tax Convention (“the Model”), and looks at features of commonly used cross-border structures (structured finance and holding companies) by way of practical background...

As a matter of policy, there is a sound theoretical basis (namely the benefits theory) which justifies source taxation when non-residents conduct business with consumers in the market jurisdiction.This justification has long been recognised from the earliest days of tax theories but more...