New Zealand & International Tax
Successful Tax Planning & Tax Disputes
HNW Individuals & Corporate
Resiency and Tax Minimisation
Our Tax Team Works Closely With Corporate, Trusts, Asset
Protection and Estate Planning For Holistic Structuring Advice.
Our experience spans the top teams in international tax planning, some specific areas are below:
- Tax planning
- Tax disputes
- Expats & global residents
- Off-shore trusts and related aspects
- Low tax residency, Free zones, Off-shore funds
- Transfer pricing
- Asset protection and asset finance
Why Successful Clients
Use Goldman Law?*
Goldman Law Awarded & Recognised*
“Complex Litigation Award” 2022
“Litigation Excellence Awards” 2021
“International Tax Firm Of The Year” 2018
Connect with Our Senior Lawyers
Mr. Jaswinder (Jas) Sekhon
Jaswinder strives to simplify and demystify complex legal matters, to explain them logically and without “jargon”. He resolves and commits to the best possible commercial outcomes for his clients.
Awarded tax strategy is the foundation on which we work harder then our opponents to achieve success in any tax disputes. Jaswinder has over 30 year of tax planning expertise as well as numerous publication, including books on tax law.
Ms. Ekta Jhanjhri
Ekta is a law graduate from the Institute of Law, Nirma University, India. She completed her graduation in 2021 and has an excellent academic record.
Her enthusiasm and inquisitiveness have led her to progress. Her analytical and detail-oriented approach contributes towards her outstanding legal support for the senior lawyers. Read More
Mr. Mohammed Fawzy
Admitted in UAE
Senior General counsel. Over 10 years of experience in the UAE in dealing with all Government departments, provides a variety of corporate and legal services, company formation, corporate contracts, dispute resolution and arbitration issues. L.L.M, LLB Menofia University, Egypt.
Outstanding results in the UAE for all types of dispute resolution and tax planning.
Mohammed has considerable experience in Abu Dhabi Global Market and the DIFC.
** Not all of our lawyers are admitted to, nor hold current practice certificates in
all or any of the jurisdictions where we operate unless otherwise expressly stated.
Independent International Tax Advice
On-Shore and Off-Shore Experience
An Alternative to The “Big Four” Accounting Firms
Utilize The Benefit of Legal Professional Privilege
Jaswinder (Jas) Sekhon, Practice Head, is a global tax lawyer. Jas is admitted in four countries and has been a practitioner in tax in New Zealand and internationally since the age of 28.
With over 30 years’ experience, he has worked in London, Zurich, Lugano, Switzerland, Dubai, the British Virgin Islands, Hong Kong and recently opened our New Zealand office.
Jas has and worked in low tax and high tax jurisdictions
Typical Clients in International
Taxation Law Include...
Tax Residency and Planning for a Leading Entrepreneur
Our advice was sought on relocating from a high tax country to a low tax country the residence of the leading entrepreneur. This included the central management control of many of his entities and the development of intellectual property to be protected and housed in a low tax jurisdiction.
This intellectual property was licensed to many high tax countries and utilising the double tax treaties at the time, overall global taxation was minimised without risking the protection of the intellectual property itself.
Our holistic experience in IP, double tax treaties and the ability to finalise contractual documents was a key factor for our client selecting our firm.
Leading Football Star with bad Advisors.
A few world cups ago we had the privilege of advising one of the worlds great soccer players.
We reviewed his strategy and global plans in conjunction with his father and tax adviser.
Unfortunately, we did not provide good news and our advice is was clear, that the current plan was completely wrong.
Many times celebrities are surrounded by poor advisers. Of course, he is no longer the advisor for that football star but only after considerable financial losses.
Thankfully, a prison sentence was avoided and the world got to see more of one of the greatest of all time.
Large Scale Taxation Investigations on Individuals
Complex Global Tax Arbitrage & Financing Structures
One of our clients was advised extensively on transactions involving hundreds of millions of dollars and the potential risk to the client and associated persons with these structures.
The complex structures had been developed using commercialisation and tax arbitrages to leverage write off intellectual property involving medical inventions and therapeutic goods.
Our advice was clear on the risks and we ceased to be involved in advising the client for several years. Subsequently, prosecutions were commenced under project “Wickenby” and this was one of New Zealand largest white collor tax investigation cases. We successfully advised and assisted some key executives.
Money Laundering and Tax Offices. A Predicate Offence?
Money Laundering is Prelude to Other Serious Dffences Leading to Other More Serious Charges
The Criminal Code makes it an offence to ‘deal with’ the proceeds of crime or an instrument of crime. What if you are innocent?
Where a third party receives money which is the proceeds of crime (such as a shopkeeper carrying on their normal business) and the person has no knowledge of that fact, receipt of the money does not constitute an offence
From the simple to the complex, we have the experience to guide you safely through all aspects of tax and cross-border regulatory compliance.
Experience & Trust
With deep local and international expertise for over 30 years.
Growing and protecting successful individuals, family offices and business.
Experience & trust built through sheer hard work
International Taxation and FAQ's*
- Capital and Income taxes – Yes for an individual ; If the company is incorporated in New Zealand or managed and controlled here – then Yes.
- Navigating Export/Import Taxes - Taxes will vary depending on the destination country. If your business does not physically operate in a country, then it is likely you will not need to pay tax for simply selling to the destination.
- Many businesses profit from eCommerce, meaning their business is based entirely online. If this sounds like your business, then you may not need to register for Goods and Services Tax (GST) in Australia.
- The question of whether your company is managed and controlled overseas or what is foreign source income or if there are any credits or double tax treaty applications of the same is complex.
- It is a must to seek the advice of a legal professional.
Foreign residents doing business in Australia
If you are doing business in Australia, you may need to register in our tax system and pay taxes in Australia. This depends on:
- if you are from a country that has a tax treaty with Australia
- the scale and nature of your business
- if you have a permanent establishment in Australia.
- Foreign resident tax rates 2021–2
Tax on this income
0 – $120,000
32.5 cents for each $1
$120,001 – $180,000
$39,000 plus 37 cents for each $1 over $120,000
$180,001 and over
$61,200 plus 45 cents for each $1 over $180,000
If you're a non-resident supplier of imported services, digital products or low value imported goods you have obligations to meet once you are registered or required to be for goods and services tax (GST).
Make sure you read this along with Non-resident businesses and GST and GST on imported services, digital products, and low-value imported goods into Australia to find out the rules that apply more generally.
- New Zealand has transfer pricing rules that need to be considered where goods or services are bought or sold between New Zealand and other countries.
- The transfer pricing rules have relevance to transactions between related parties in a corporate group for the supply of goods, services or finance that are not priced on terms which would be comparable to those that would be charged between parties transacting at arm’s length.
- If an international transaction does not occur at arm’s length or is not supported by an acceptable pricing methodology, then market prices may be substituted into the transaction for New Zealand taxation purposes to ensure an appropriate level of tax is paid.
- For an intra-group cross-border transaction to be deemed to have occurred at arm’s length, the New Zealand Taxation Office (ATO) requires that companies appropriately document the transaction itself and the pricing methodologies used when entering into the transaction.
- Other factors that may be taken into account by the ATO include, amongst other things, the commercial justifications for the transaction, any applicable review processes and whether any alternatives were considered.
- Customs duty is imposed on goods imported into New Zealand. The rate of customs duty is generally around 5% of the ‘customs value’ of goods, although this often changes depending on the type of good that is imported.
- The customs value of a good is determined as a question of law, taking into account the type of good, its country of origin and the purpose of its import into New Zealand.
- Customs duty is payable when the relevant goods enter New Zealand. The specific duty rules that apply will depend on how the goods are classified by the New Zealand Customs Service and may be altered by Tariff Concession Orders or Free Trade Agreements.
- The rules applying to customs duty in New Zealand are complex and importers should seek advice on a case-by-case basis.
- Excise duty is imposed on alcohol, tobacco, fuel and petroleum products that are produced or manufactured in New Zealand.
- If these products are imported into New Zealand rather than produced or manufactured in New Zealand, customs duty applies to their importation at a rate comparable to the excise rate (see above, Customs duty).
- Excise duty is paid by either the manufacturer or distributer at a flat rate. The applicable excise rates may increase twice a year to reflect inflationary changes.
- In addition, a licence is generally required to undertake activities in relation to excisable goods.
In Australia how to State jurisdiction to impose taxes and duties?
- States and Territories in Australia generally have jurisdiction to impose tax on various state-based transactions.
- States and Territories most commonly impose tax on immovable property situated in that particular State, as well as on various other state-based transactions such as car registration and employment.
- Many State and Territory taxes and duties are not consistent throughout Australia and therefore the laws applicable in each jurisdiction must be considered where relevant . The taxes and duties mentioned below however indicate some common forms of state taxation.
- For example, New South Wales imposes stamp duty on transfers of land according to a sliding scale that is dependent on the value of the real property.
- The cheapest valued properties attract stamp duty of 1.25%, with the rate
What is the meaning of Payroll tax?
- Payroll tax is imposed on employers whose annual wages paid to employees exceed a set amount determined by each state. The tax is generally between 3% and 7%.
- Payroll tax is currently payable in New South Wales at a rate of 5.45% for businesses who pay more than $750,000 in annual wages. By comparison, Victoria sets its threshold annual wages level at $550,000 and its rate of payroll tax at 4.9%.
Motor vehicle duties
- Often payable where a motor vehicle is registered in or transferred within a certain state. The duty is paid by the purchaser with the applicable rate of duty generally depending on the type of car and the circumstances surrounding its transfer.
- Whilst knowledgeable accountants are a great source of advice and practical input. The fact remains that tax legislation is still a law and you must seek the advice of a lawyer that is a taxation expert. In many cases these lawyers are also accountants will have training in finance and accounting.
- The principals of Goldman Law have extensive experience in accounting, finance and tax structuring well-being specialist lawyers tax planning locally and internationally.
- Tax partners in the big four accountancy firms may be lawyers and some are amazing experts in their chosen field, however you are dealing with a proprietary group and one which is not independent and you may be compromised if they are also your auditor.
- Further the big four cannot provide legal professional privilege which is one of the few ways that privacy and confidentiality of your records may be obtained.
- The big four also cannot provide the drafting of legal documentation which gives effect to the structure or plan.
- Most people do not go to lawyers for taxation advice because they simply cannot afford it. Taxation specialist lawyers are scarce in many charge in excess of $1000 per hour.
- When the stakes are high or the savings significant, we recommend you use the taxation lawyers and experts such as Jaswinder Sekhon of Goldman Law.
Brazenly, in many overseas jurisdictions the professional advisers are the subject of targets and it is a reportable event.
- This means the client comes into your offices say in London and seeks to avoid the tax instead of legally using tax planning methods, this client must be reported to the authorities or the lawyer is guilty of an offence.
- Our potential clients need to choose carefully the jurisdictions from which they are from the relevant laws that apply thereto. Frequently we see clients in Dubai which is an excellent low tax jurisdiction with substance.
- Nonetheless it is still possible to commit a conspiracy to defraud no matter where the physical location of the advice is if it concerns a particular jurisdiction.
- One should never say to their lawyer that they want to commit a taxation offence or are thinking about committing a taxation offence in the taxation offence may be committed simply with a conspiracy to defraud, without the actual act even occurring.
- Therefore, you need to speak to us very generally and ensure that no illegal transactions contemplated or planned.
- There is nothing wrong with basing your affairs in a tax haven or legitimately using low tax places such as to buy or setting up a New Zealand offshore trust.
- We do so regularly for clients asset protection purposes.
- These arrangements should be declared and there should be no false information provided to the relevant authorities where this is requested.
- Therefore these arrangements do not rely on nondisclosure which is illegal.
- There is a way to reduce taxes legitimately and also to become resident for tax purposes in a low tax country such as Dubai.
- There is a way to use New Zealand offshore trust to protect your global assets and other jurisdictions, to minimise your global taxation overall.
- We have written and published and lectured for over 30 years on these topics and have extensive experience on a range of clients with a range of issues.
* Some of these articles relate to other pratices such as in Australia, not specifically New Zealand unless expresslly mentioned.
**These awards relate to our global pratices generally and not specifically to our New Zealand pratice.
***Some of these answers relate to other pratices such as in Australia, not specifically New Zealand unless expresslly mentioned.