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2008 media releases

Inland Revenue warns about income diversion
17 April 2008

Inland Revenue has issued a revenue alert about people who divert personal services income in an effort to pay less tax.

Group Tax Counsel Graham Tubb said that Inland Revenue has an ongoing concern about people who divert some or all of the personal services income they earn (or could earn) into an entity, such as a trust or a company, to take advantage of lower income tax rates.

''We acknowledge that there are legitimate business reasons for using such entities, and the use of such business structures does not necessarily amount to tax avoidance,'' he said.

''However, some cases contain common features which would encourage us to look at them further. These features include the entity employing the person for either no payment, or payment at an artificially low level, and a redistribution of the entity's income to the person or to family members.''

Mr Tubb noted that such personal income diversion can also have the effect of reducing child support liabilities or student loan repayments, as well as allowing people to become eligible for benefits such as Working for Families tax credits or student allowances.

He said each case would be reviewed on its own facts. "We will continue to investigate these arrangements and, where necessary, take steps to counteract the tax benefits obtained.''

Revenue alerts are an early warning service for tax professionals designed to highlight any significant or emerging areas of concern.

Tax professionals and customers can go to www.ird.govt.nz/technical-tax/revenue-alerts and subscribe by email to the revenue alerts, which are also posted on the website. The alerts are issued whenever Inland Revenue identifies a tax planning issue that needs highlighting.

Ends

For more information:

Mac Dalton
Media Advisor
(04) 890 1743

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Corporate Affairs
Inland Revenue

To make a media query:
Phone 04 890 1698 or email mediaqueries@ird.govt.nz
Please note, the email address is only for enquiries from the news media. It is monitored during normal business hours 8am - 5pm Monday to Friday.

P O Box 2198
Wellington 6140
New Zealand


Date published: 17 Apr 2008

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