New Zealand: New Zealand issues draft guidance on BEPS-related reforms

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New Zealand: New Zealand issues draft guidance on BEPS-related reforms

Sponsored by

sponsored-firms-russel-mcveagh.png
intl-updates-small.jpg

In June 2018, reforms intended to address BEPS became law in New Zealand with the enactment of the Taxation (Neutralising Base Erosion and Profit Shifting) Act 2018 (BEPS Act).

In June 2018, reforms intended to address BEPS became law in New Zealand with the enactment of the Taxation (Neutralising Base Erosion and Profit Shifting) Act 2018 (BEPS Act). Given the complexity of some of the reforms, the New Zealand Inland Revenue has taken the unusual step of issuing, and seeking feedback on, draft guidance regarding the application of the new rules.

New Zealand BEPS-related reforms

On August 3 2017, the New Zealand government announced its final policy decisions on proposals to address BEPS (see 'New Zealand's BEPS proposals go beyond OECD's recommendations' in the August 2017 edition of International Tax Review for our summary of the policy decisions.) The BEPS Act includes measures that:

  • Address hybrid mismatch arrangements;

  • Address arrangements that avoid creating a permanent establishment;

  • Further limit related-party interest deductions; and

  • Further strengthen the transfer pricing rules and Inland Revenue's enforcement powers more generally.

The BEPS Act reforms have been controversial in many respects, with concerns raised during the legislative process that the reforms go beyond what is necessary to implement the OECD's BEPS recommendations, and in certain respects depart from international norms, including provisions of New Zealand's double taxation agreements.

The reform process for the BEPS Act has also been controversial. This has been partly due to the ambitious legislative timetable which meant there were only a few days between enactment and certain measures taking effect on July 1 2018.

Inland Revenue's draft guidance regarding the BEPS Act

The Inland Revenue typically publishes guidance after the enactment of tax legislation. For the BEPS Act, the Inland Revenue has taken the unusual step of publishing draft guidance and seeking public feedback on that draft guidance.

One example of an explanation provided in the draft guidance concerns a rule which requires certain borrowers to assume (for transfer pricing purposes) the credit rating of the company in its worldwide group with the most long-term senior unsecured debt (i.e. not necessarily the parent). The draft guidance acknowledges that long-term senior unsecured debt is not defined in the BEPS Act and suggests that in many circumstances a borrower "will be able to consider non-current liabilities on each [group] member's balance sheet". Such an interpretation would be a pragmatic application of the rule, especially for a borrower that is part of a large worldwide group. The guidance, however, goes on to caution that such an approach "may not be sufficient to differentiate between long-term senior unsecured debt and other instruments as subordinated or secured debt…".

The above example illustrates the practical issues taxpayers face in complying with the BEPS Act. Because the new legislative provisions are so detailed and prescriptive, the Inland Revenue's guidance will necessarily be of limited value in some cases. Submissions on the draft guidance closed on September 28 2018.

more across site & shared bottom lb ros

More from across our site

Heads of tax need to push their teams forward as strategic business advisers to add value across the organisation, says Sandy Markwick
Scott Bessent reportedly felt undermined by Musk naming Gary Shapley as acting IRS commissioner; in other news, Baker Tilly will combine with a top 15 US firm
The promise of nine years’ tax certainty and a ‘rational and pragmatic’ government process makes APAs a no-brainer, Indian tax advisers tell ITR
Despite garnering significant revenues from multinationals, Italy’s digital services tax presents pressing double taxation issues, say Stefano Simontacchi and Francesco Saverio Scandone of BonelliErede
ITR’s research shows that in-house tax counsel in Asia also feel underserved by their advisers’ international networks
World Tax global head of research Jon Moore tells ITR how his team spots standout submissions, and gives early statistical insights into this year’s entries
Australia’s conservative opposition will repeal controversial tax agent reporting rules if elected in the country’s May general election
Shapley would be the fourth person to hold the job this year; in other news, UK tax advisory firm MHA raised fewer funds than expected from its London IPO
The US needs to be involved in pillar one for there to be more international acceptance of the project, Michael Masciangelo says
The UK regulator is investigating EY’s auditing of the national postal service as it relates to the high-profile Horizon scandal, which saw hundreds wrongfully convicted
Gift this article