OUR SERVICES/
TAX TECHNICAL
New Zealand has two main types of taxation an income tax and a goods and services tax (GST). The tax laws applying to these forms of taxation are extensive, highly technical, and constantly evolving.
Denham Martin Tax Law has specialist expertise in respect of all aspects of income tax and GST as these taxes apply to private and business transactions (both domestic and international) and gives technical tax advice and assistance to taxpayers by:
• Providing written opinions on tax questions involving the interpretation and application of income tax and GST rules
• Making submissions to Parliament and to Inland Revenue on taxation reforms
• Resolving tax residency questions for individuals and entities (including the tax concessions available to “transitional residents”)
• Establishing structures for businesses and investments and succession plans for their owners
• Advising on the tax implications applying to the funding, acquisition, and disposal of business and investment assets
• Considering the implications of the bright-line test and the other taxation rules that may apply to the disposal of an interest in land;
• Advising on the taxation rules that may apply to any interest in a foreign investment fund, controlled foreign company, or financial account or that could apply to the disposal of any interest in shares, intellectual property, or other personal property items
• Assessing the taxation treatments arising from any cross-border commercial arrangement involving the supply of goods, intangibles, or services and the payment of any dividend, interest, royalty, or other charge associated with the arrangement (including transfer pricing, thin capitalization, or other tax questions)
• Advising on the availability of the Approved Issuer Levy regime in respect of any interest payable on any loan provided by a non-resident lender
• Determining whether the activities of a foreign enterprise amount to a “permanent establishment” in New Zealand
• Considering a taxpayer’s eligibility for foreign tax credit or other taxation reliefs under domestic law or as a consequence of the operation of any double tax agreement (DTA) to which New-Zealand is a party;
• Exploring the extent to which the rules in any DTA are relevant to a person’s taxation position
OUR SERVICES/
TAX REPRESENTATION
Denham Martin Tax Law provides representation for taxpayers in respect of any of the following interactions with Inland Revenue:
• Tax return and tax disclosure obligations (including CRS and FATCA filings)
• Applications for private tax rulings (including transfer pricing APAs and short-process rulings)
• Tax risk reviews
• Notices to disclose tax information
• Voluntary tax disclosures
• Tax audits
• Taxation searches of business and private premises
• Voluntary and compulsory tax interviews
• Negotiating tax settlements
• Preparing applications for tax remission or relief (including for penalties and interest)
• Resolving the payment of tax debts (owed to Inland Revenue or any foreign tax authority)
OUR SERVICES/
TAX DISPUTES / LITIGATION
Special legal procedures apply if a taxpayer wishes to dispute a tax position with Inland Revenue. Denham Martin Tax Law specializes in assisting taxpayers with their tax disputes including:
• Preparing Notices of Proposed Adjustment and Notices of Response
• Attending Tax Conferences with Inland Revenue
• Preparing Statements of Position and Statements of Response
• Preparing documentation for the Disputes Review Unit of Inland Revenue
• Preparing and representing taxpayers in tax litigation (both tax challenges and judicial review applications) before the Taxation Review Authority, the High Court, and Appellate Courts.
OUR SERVICES/
TRUSTS
Denham Martin Tax Law has specialist expertise in respect of all the legal and taxation laws and issues that apply to private trusts (whether established for family, investment, or business purposes) and charitable trusts, and can provide assistance with:
• Trust deeds and trust-related documentation for private and charitable trusts
• Succession plans for families that utilise trusts and other legal entities
• Resettling or varying the terms of any trust
• Winding up trusts and distributing their property
• Compliance with trustee duties under the Trusts Act 2019
• Registration of charitable trust with Charities Services
• Disclosure obligations for trustees and beneficiaries
• Assisting trustees and beneficiaries with trust disputes including by way of mediation and litigation
