Australia

2009 agreement

Text:	DOC (157KB) PDF (95KB)
Status:	In force
Signed:	26 June 2009
In force:	19 March 2010
Effective:	In New Zealand: for withholding taxes, from 1 May 2010; for other provisions, generally from income years beginning 1 April 2010. In Australia: for withholding taxes, from 1 May 2010; for fringe benefits, from 1 April 2010; for other provisions, generally from years of income beginning 1 July 2010. Refer to Article 30 of the agreement.
Legislation:	Double Taxation Relief (Australia) Order 2010 (New Zealand Legislation website)

1995 agreement

Status:	Terminated
Signed:	27 January 1995
Legislation:	Double Taxation Relief (Australia) Order 1995 (New Zealand Legislation website)

Protocol to the 1995 agreement

Status:	Terminated
Signed:	15 November 2005
Legislation:	Double Taxation Relief (Australia) Amendment Order 2006 (New Zealand Legislation website)

Frequently asked question

Article 10(3)(c) – Competent Authority Determinations

Question:

How do I apply for a competent authority determination under Article 10(3)(c) of the double tax agreement that a zero-rate of withholding tax will apply to the payment of a particular dividend?

Answer:

To obtain a zero-rated withholding tax determination under this provision of the Convention, you will need to apply in writing to the relevant taxation authority requesting competent authority consideration of the matters by setting out in some detail the relevant facts and circumstances of your case, before payment of the relevant dividend.

For New Zealand subsidiaries of Australian parent companies, please direct your correspondence to:

New Zealand Competent Authority
International Audit Unit
Large Enterprises
P O Box 2198
Wellington 6140
New Zealand

Your letter to the New Zealand Competent Authority should include the following:

background details as to corporate structure since 1 January 2008;
any material changes in capital structure since 1 January 2008;
recent trading history (including why the dividend is unimputed);
confirmation that the 80% voting power requirement has been met; and
why it is considered the first sentence of paragraph 9 of Article 10 of the double tax agreement does not apply.

For Australian subsidiaries of New Zealand parent companies, you will need to apply in writing to the relevant Australian Taxation Office where you lodge your annual corporate income tax return, setting out in detail the facts and circumstances of your case prior to the dividend payment and requesting a competent authority determination. The relevant area of the Australian Taxation Office will then consider the request and if they agree, will request the Australian competent authority to sign the necessary determination.