New Zealand To Update TP And Permanent Establishment Measures

On December 14, the Minister of Revenue Michael Woodhouse has released information on BEPS measures being considered by the Government that would strengthen the transfer pricing and permanent establishment rules to address base erosion and profit shifting (BEPS).


Diverted profits tax (DPT), which has been adopted by Australia and the UK, impose a separate tax on the diverted profits that arise from the transfer pricing and PE avoidance related BEPS strategies. The aim of a DPT is to tax profits that multinationals divert offshore (rather than allocate to their New Zealand operations). While it is likely to achieve greater taxation of these profits, it could impact on perceptions of the predictability and fairness of New Zealand’s tax system for foreign investment, the Government stated.

Applying Customized DPT

Government currently considers to take certain features of a DPT and combine them with the OECD’s BEPS measures and some domestic law amendments to produce a package that is tailored for the New Zealand environment. Similar to the DPT adopted by the UK and Australia, the package would be an anti-avoidance measure, but would not tax non-resident suppliers without a material physical presence in New Zealand. Such non-resident suppliers include multinationals that have been the focus of some public concern in New Zealand and internationally.

The Government plans to release a discussion document to consult on this issue in early 2017.

Sources: Inland Revenue - Discussion Document


Transfer Pricing Associates introduces TPA BEPS Desk. If you have any questions, or need more detailed advice on any aspects of BEPS related issues, please get in touch with us. The TPA Global network has alliance partners throughout the world, and the network can provide multi-disciplinary approach on today's critical transfer pricing challenges faced by multinational enterprises.

Copyright © 2018
Transfer Pricing Associates BV.
All rights reserved.

H.J.E. Wenckebachweg 210
1096 AS Amsterdam
T: +31 20 462 3530