A company is a resident in New Zealand if it:
- is incorporated in New Zealand
- has directors with control exercised in New Zealand
- has centre management or its head office in New Zealand.
Double tax agreements
Between most countries, these state that a company with a permanent establishment in New Zealand will have income tax requirements here.
Permanent establishment guides
A business with a fixed place where business activity is carried on is a permanent establishment. This may include:
- a branch, office, factory or workshop
- a resource position, such as a mine, oil well, quarry or water spring
- an agricultural, pastoral or forestry property
- a building, construction site or assembly project that lasts more than six months.
Activities may also be considered as a permanent establishment:
- supervisory activities with a building, site or assembly project
- exploration responsibilities for resources
- substantial equipment uses for more than six months
- any operations around standing timber.
When activities are not considered a permanent establishment
Generally, maintenance activities will not count as a permanent establishment. These could include maintenance of:
- storage, display or delivery of goods and merchandise
- goods or merchandise are used for processing by another entity
- a fixed place of business used for collecting information
- a fixed place of business used for introductory or supporting nature.
Last updated:
14 Oct 2020