Tax Warnings




1. Your Interpretation

The tax return you send to the IRD is your submission of what you believe is the tax payable by you, or the refund that is due to you, in the light of the Tax Act. That is, it is your interpretation ...


2. Tax Adviser may be Dangerous

How often have you heard the remark ‘no thanks, I’ll leave that to my accountant’. This is heard from the self-employed and those in business. The thing is, you will never know ...


3. Stay in Tax Avoidance

You need to know the difference between tax avoidance and tax evasion. A common judgement made by an English judge as to this matter reads like this. “Every man is entitled if he can, to order his affairs ...


4. Heavy Penalties

Many people make it a practise to pay their tax late because they believe that the penalty levied by the Inland Revenue Department is cheap interest. This may not be the case ...


5. Earnings by Children

School children whose earnings do not exceed $156 are not required to complete a Tax Deduction Certificate and no tax is to be deducted from their earnings ...


6. Tax on Tax Perks

The tax in fringe benefits can affect the majority of employers. It is extensive and it needs full investigation to make sure that as an employer you know what it is costing you ...


7. Appearing before Tax Review Authority

You need to be prepared for this. Accountants who appear on behalf of clients in tax cases, before the authority, are advised to take care and do their homework ...


8. Watch for Allowances

The Inland Revenue Department is continually watching closely for payments of cash allowances and other types of allowances by employers. Industrial awards and agreements are monitored ...


9. When you don’t need to file a return

You don’t need to file a tax return if your yearly income was from Salaries and Wages only (and no more than $200 in interest and dividends) and your employer has been deducting ...


10. Concerning husband and wife

In the past a husband and wife carrying on business together was, according to tax law, not deemed to be carrying on business as partners unless it was under a proper deed of partnership ...


11. Prepare to be Audited

Always prepare your tax return with an eye to the possibility that you may have to defend it. If your tax return is carefully and properly completed, and adequately supported with proper receipts ...


12. You are Responsible - Not your Adviser

Your tax consultant or accountant merely prepares your accounts or tax returns from information you supply. They have the expertise to put your situation into the correct format, acceptable to the IRD ...


13. Tax Intelligence Unit

A special tax intelligence unit works within the IRD – their main objective is beating tax evasion. Any tax schemes or tax shelter arrangements are subject to close scrutiny ...


14. Your Tax Number is Compulsory

It is compulsory to show your IRD tax number on your tax return, as well as your tax deduction certificates. If you don’t have a tax number, contact your employer or the local tax office immediately ...


15. Watch Hobbies and Losses

The taxmen are now keeping a close eye on people who claim losses from other business activities, such as hobby farms or involvement in other types of crafts and hobbies ...


16. Borrow Money in the Correct Order

If you need to use your private home as security for a loan for your business, make sure you carry this out in the correct order. Don’t use your own private funds for the business and then raise a mortgage ...


17. Watch the Signing of Tax Returns

The IRD always look for the practice where some agents sign tax returns on behalf of their clients, adding disclaimers to the declaration on page 1 of the tax return form ...


18. Cash Shortages Disallowed

Some employees, handling cash, are required to make up any cash shortages in their tills. In the past these were deductible to the employee. They are no longer allowed as a deduction by the IRD ...


19. You pay Tax on the first dollar

In the past a rebate was allowed that enabled certain amounts to be free of tax. This rebate no longer applies and you now have to pay tax on the first dollar you earn ...


20. Watch out for Tax Evaders

Tax rates are high and the more one has to pay, the more tempting it is to try and beat the system. You need to watch out. The IRD is not taking it lying down. The frequent flow of anonymous tips ...


21. Do it right the first time

You are more likely to leave yourself open to a tax audit if you send in amended tax returns. This should not discourage genuine cases where changes to a return already filed are necessary ...


22. Tax-free Fringe Benefits

If you receive a benefit from your employer, which he/she says is tax-free – be careful. You should get a indemnity from your employer which means that he/she pays any tax ...


23. Watch your Appropriation Account

If you have a company, keep an eye on your profit and loss appropriation account balance in the balance sheet (also known as retained earnings account). The amount in this account must be reduced ...


24. Keep tax saving avenues to yourself

When any new tax saving avenue is discovered, it is only a short time before everyone else is in, “boots and all”. The IRD will in due course introduce law to cover the loophole ...


25. Part-time Home Business

Remember, the newspapers are closely scrutinised by IRD to detect people who are operating businesses from home and not declaring the income. If you are advertising for clients or the sale of goods, the phone number can be traced ...


26. Shake-up your Tax Adviser

If your tax accountant or tax consultant does not give you the service you need, and if they don’t fight for you to obtain the best tax deal legally possible, he/she may not be doing what they were hired to do ...


27. Voluntary Disclosure encouraged

Reports of tax evasion in recent years have constantly pointed out the penalties awaiting the offenders. In view of all the publicity, it is appropriate to also draw attention to the IRD policy ...


28. Who does your Tax?

There are increasing numbers of income tax services operating in the country. They fill a need and where they maintain a high standard of work – they do a good job. But be warned ...


29. Power against Defaulters

You have to remember that the IRD has the power to order any bank holding money on your behalf to pay them for any tax owing. The IRD can also deduct from your wage or salary ...


30. Try not to estimate

Every claim you make must have a factual basis. You should not claim amounts “taken out of thin air” or estimated without some foundation. If possible, don’t estimate ...


31. The hand in the Till

If you “put your hand in the till” or take “cash under the counter”, or engage in similar tax evasion tactics, this is easier to detect by the IRD, than in the past, with the use of computers ...


32. Talk openly with your Accountant & Lawyer

There is an old computer saying; “Rubbish in – rubbish out.” If you give rubbish to your tax consultant or tax accountant, then no amount of miracle working on their part will provide you with ...


33. Limited Liability of Companies

In the “good old days” a man could form a company for his business and be assured of reasonable protection against creditors, in the event of things going bad. He had limited liability ...


34. Watch your Stock

If you are in business, check your accountant is advising you correctly on stock. Undervaluing your stock figure is not tax avoidance – it is tax evasion and you can run the risk of paying the penalties ...


35. Loans to Shareholders

Loans by companies to shareholders, if not paid within a reasonable time or where not given “at arms length” can be treated as dividends by the commissioner and taxed to the shareholders, in certain cases ...


36. Tax Havens

We suggest you don’t get involved in tax havens, especially when some of the other members of the business are not conversant with these types of arrangements ...


37. Burden of proof is on you

The burden of proof is always on you to prove that a decision by the IRD is wrong. Many taxpayers size up the work and time involved, as well as the cost, and simply give it away ...


38. 'Our Company never pays Tax'

Many taxpayers find this a comforting thought, but it is because they don’t appreciate the workings of the tax system. A company can make nil profits year after year, for many reasons ...


39. Tax Commissioner - Wide Powers

The powers of the Commissioner of Inland Revenue are very wide. This is necessary because of the endless ingenious ways that taxpayers have developed to reduce or evade paying tax ...


'We don’t pay tax - spent it on the bus.

That’s quite in order, but unless the expenditure is necessary, it is just throwing money away. You have to constantly weigh up whether spending one dollar merely to deprive the IRD ...