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Individual income tax return guide 2011 - Inland Revenue Department

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24<br />

IR 3 INDIVIDUAL RETURN GUIDE<br />

Complying trusts are trusts that have been <strong>tax</strong>ed in New Zealand on all<br />

their <strong>income</strong> since the day they started.<br />

Distributions of beneficiary <strong>income</strong> which the minor beneficiary rule applies<br />

to are <strong>tax</strong>ed as trustee <strong>income</strong>. This means the trust is subject to <strong>tax</strong> on<br />

this <strong>income</strong> at 33 cents in the dollar, and it’s included in the trustee <strong>tax</strong><br />

calculation in the trust’s IR 6 <strong>return</strong>.<br />

These distributions shouldn’t be included in the minor’s individual<br />

<strong>tax</strong> <strong>return</strong>.<br />

All other trusts are non-complying or foreign. Read our <strong>guide</strong> Trusts’ and<br />

estates’ <strong>income</strong> <strong>tax</strong> rules (IR 288) for more details.<br />

What to show in your <strong>return</strong><br />

Add up the <strong>tax</strong> paid by the trustee/s and print the total in Box 16A. Print<br />

your share of the estate or complying trust <strong>income</strong> in Box 16B.<br />

But, if your estate or trust <strong>income</strong> includes:<br />

––<br />

interest with RWT deducted, show this at Question 13<br />

––<br />

dividends with imputation credits attached, show this at Question 14<br />

––<br />

overseas <strong>income</strong> and overseas <strong>tax</strong> paid, show this at Question 17<br />

––<br />

<strong>tax</strong>able Māori authority distributions, show this at Question 15.<br />

Income from foreign and non-complying trusts<br />

If you’re a beneficiary of a foreign or non-complying trust please<br />

complete a Schedule of beneficiary’s estate or trust <strong>income</strong> (IR 307) form.<br />

Taxable distributions from non-complying trusts<br />

Copy the amount of <strong>tax</strong>able distributions from the non-complying trust<br />

to Box 16C, and attach the IR 307 to the top of page 3 of your <strong>return</strong>.<br />

We separate <strong>tax</strong>able distributions from non-complying trusts because<br />

they’re <strong>tax</strong>ed at a different rate. If you have this type of <strong>income</strong>, your <strong>tax</strong><br />

calculation at Question 34 may not be correct. We’ll do this calculation<br />

for you and send you a notice of assessment.<br />

Question 17 Overseas <strong>income</strong><br />

If you received <strong>income</strong> from, or while you were overseas, between<br />

1 April 2010 and 31 March <strong>2011</strong>, show it at Question 17B in New Zealand<br />

dollars. This includes payments of portable NZ Super or portable<br />

veteran’s pensions paid to New Zealand residents travelling overseas.<br />

Transitional residents must include any foreign employment or service<br />

<strong>income</strong> at Question 17B.

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