#TaxInvestigation

[biglisbonnews]

Republicans’ first bill makes tax fraud easier for high earners Republicans set the tone for their next two years running the House of Representatives by enacting legislation that would add $114 billion to the deficit over the next decade, according to the Congressional Budget Office.Read more... https://qz.com/republicans-first-bill-makes-tax-fraud-easier-for-high-1849970798

[ir-legal]

The Vital Role of Immigration in Sustaining New Zealand’s Economy Amid an Aging Population

New Zealand, renowned for its breathtaking landscapes and high quality of life, faces a demographic challenge that could have profound implications for its economic sustainability: an aging population. As the proportion of elderly citizens rises, the workforce shrinks, leading to a potential strain on economic productivity and social services. In this context, immigration, particularly of skilled workers, emerges as a crucial strategy to bolster the nation's workforce and sustain its economy. At IR Legal, we understand the importance of a robust immigration framework to navigate these demographic shifts effectively.

The Demographic Challenge

The aging population in New Zealand is a reality that cannot be overlooked. According to Stats New Zealand, the number of people aged 65 and older is rising by approximately 80 individuals each day. This demographic is expected to reach 1 million within the next six years. By 2040, the number of people in this age group could grow to 1.3 million, and by the 2050s, it could hit 1.5 million. By 2028, 1 in every 5 people will be 65 or older, and by the 2050s, this age group might constitute one-quarter of the entire population.

This demographic shift poses significant challenges:

Workforce Shortages: With a smaller proportion of the population in the working-age bracket, there will be fewer people to fill essential jobs.

Increased Dependency Ratio: A higher number of retirees compared to working-age individuals can lead to greater economic dependency, putting pressure on social services and public finances.

Economic Growth: Sustained economic growth becomes challenging with a shrinking workforce, potentially leading to stagnation or decline.

The Role of Skilled Immigrants

Skilled immigrants bring a wealth of benefits that are vital for addressing these challenges:

Filling Skill Gaps: Industries such as healthcare, IT, hospitality, engineering, and construction often face skill shortages. Immigrants with the necessary expertise can fill these gaps, ensuring that critical sectors remain functional and innovative.

Boosting Productivity: A diverse workforce can drive productivity and innovation. Immigrants often bring unique perspectives and skills that can enhance creativity and problem-solving within businesses.

Supporting Aging Population: Skilled workers, particularly in healthcare, can provide essential services to the aging population, ensuring that elderly citizens receive the care and support they need.

Economic Contributions

The economic contributions of immigrants extend beyond filling job vacancies:

Entrepreneurship: Immigrants often start new businesses, contributing to job creation and economic dynamism. Their entrepreneurial spirit can lead to the development of new industries and economic opportunities.

Cultural Diversity: A diverse workforce enriches the cultural fabric of New Zealand, fostering an inclusive society that can attract global talent and investment.

IR Legal: Your Partner in Immigration

At IR Legal, we specialise in immigration law and understand the complexities of navigating the immigration system. Our experienced team can assist businesses and individuals in understanding the visa requirements and processes, ensuring a smooth transition for skilled workers into New Zealand's workforce. We are committed to helping you leverage the opportunities that immigration presents, securing a prosperous future for both your organisation and the broader economy.

As New Zealand confronts the realities of an aging population, the strategic integration of skilled immigrants into the workforce is more critical than ever. By addressing skill shortages, enhancing productivity, and supporting economic growth, immigration can play a pivotal role in sustaining New Zealand’s economy. At IR Legal, we are dedicated to supporting this vision by providing expert legal advice and services to facilitate the seamless incorporation of skilled immigrants into the fabric of New Zealand society.

For more information on how we can assist with immigration needs, please contact us at IR Legal. Together, we can build a vibrant, sustainable future for New Zealand.

Contact Us:

Phone: +64 27 5661155 | +61 412 196679

Email: office@irlegal.lawyer

Website: www.irlegal.lawyer

[cruseburkeaccountant]

Croydon Accountants helps small busines, startups, with their accounting and taxation matters.

[taxaccountantblog-blog]

If you have received a CDF letter from HMRC, we recommend contacting one of our specialist tax accountants. We offer free advice with no obligation to use our services.

[e-accountantslimited]

Tax Investigation Advice in London

We provide expert advice and guidance throughout the tax investigations, enquiries and disclosures process.

Once you have subscribed to our tax Investigation service we will look after searching, collating, submitting all the documents requested and required. We will liaise with the tax authorities on your behalf and help you every step of the way. You will also have access to a legal helpline.

If you are looking for a top accounting firm to help you with your company taxes or UK tax returns, look no further, we supply all the services that you would expect from a top Accountant.

For More Info.

Mail us @ info@e-accountants.net

Call us @ 020 8948 1084

Visit us @ https://e-accountants.net/

[apxiumsoftware]

What Is Necessary To Understand While Start Paying The Tax? |  Tax investigation insurance

[hmrcinvestigations-blog]

Under an HMRC Investigation?

Under an HMRC Investigation? HMRC have been cracking down on unpaid taxes over the last 4-5 years, and these crack downs are gaining momentum. Before HMRC investigators targeted those individuals in high income, cash and business who are more likely to use tax avoidance schemes. Now the climate has changedno one is immune, tax officials are targeting everyone from landlords, professionals, individuals who sell on eBay, to those who work from home like sale representatives. HMRC have set up teams to investigate areas they believe to be high risk tax fraud, these could be geographical or specific sectors. In recent years it has been property income. HMRC investigators will not explain what triggered the taxinvestigation. It could be just a random enquiry or some obvious error or omission HMRC have detected. Sometimes it could be something simple as your tax returns being constantly late or your expense claim was high against your income. Whatever the case is, if you receive a letter of investigation from the HMRC don’t panic. Some investigations can simply finish with one letter others can go on if HMRC request more information.

If you are under a Tax investigation HMRC can go back 20 years but it is usually 4-6 years. When you receive an

HMRC Investigation

letter it will detail what information is required depending on what they are investigating. Normally they will require information based on the tax return you have submitted.

HMRC determines what years they can assess and the level of penalties. There are 3 main categories they use, based upon the behaviour of the taxpayer:

1 Innocent Omission : If HMRC discover there was tax to be assessed, and the taxpayer was wrong without being carless the normal time limit is 4 years from end of year, i.e. they will open up 4 tax years.

2 Careless or Negligent : If HMRC find the taxpayer to be Carless/ Negligent by failing to do what a reasonable prudent man would do. HMRC will look into 6 tax years from end of year.

3 Deliberate : If HMRC establish that the omission was deliberate i.e they had the knowledge and had intend to conceal HMRC will investigate 20 tax years. The calculation of the penalties and Interest depends on whether failure to disclosure was innocent, carless or deliberate, the penalty can be even higher if there was evidence of an attempt to conceal. The penalties can be anything from 0% - 100%. In certain cases the penalty can be as much as 200%, i.e.where there is foreign income involved.

When HMRC makes an assessment the onus is on the taxpayer to displace the assessment. If the assessment is based on the taxpayer behaviour being carless or deliberate the onus is on HMRC to prove this was the case.

Taking into consideration the above a

tax investigation can turn into a lengthy and costly exercise, a pain well worth avoiding. Therefore is it imperative to consult with an accountant or a tax specialist who has experience of these cases. Appeals can be made against: An assessment, A penalty notice, A decision or A notice under Section 36 FA 2008. This can be a long and complicated process, and if the appeal goes against you the HMRC investigationor penalties remains to be addressed.

An accountant or tax specialist with the correct experience will

Collect and ensure the correct and precise information is sent to HMRC Investigators.

Attend to additional information requests.

Ensure the enquiry is not extended unnecessarily by HMRC.

Negotiate a final settlement of interest and penalties.

Negotiate the time period of payment as it is due immediately.

[fairfieldaccountants-blog]

Tax Advice and Tax Preparation Services

Fair Field Accounatants provide the best tax accounting services and tax advice  that helps your business in framing the best strategies for adjusting the tax.  We provide these main services under tax advice… #taxPlanning #TaxReturns #SelfAssessement #VATReturns #VATRegistration #TaxEnguiries and #taxInvestigations #corporationTax.. To get more information about our services, then feel free to visit goo.gl/JvTEfB our site or call @ 07982 428 575

[revenueinvestigationaccount-blog]

Revenue Investigation Accountants

Under anHMRC Investigation?

HMRC have been cracking down on unpaid taxes over the last 4-5 years, and these crack downs are gaining momentum. Before HMRC investigators targeted those individuals in high income, cash and business who are more likely to use tax avoidance schemes. Now the climate has changedno one is immune, tax officials are targeting everyone from landlords, professionals,individuals who sell on eBay, to those who work from home like sale representatives.

HMRC have set up teams to investigate areas they believe to be high risk tax fraud, these could be geographical or specific sectors. In recent years it has been property income.

HMRC investigators will not explain what triggered thetaxinvestigation. It could be just a random enquiry or some obvious error or omission HMRC have detected.  Sometimes it could be something simple as your tax returns being constantly late or your expense claim was highagainst your income. Whatever the case is, if you receive a letter of investigation from the HMRC don’t panic. Some investigations can simply finish with one letter others can go on if HMRC request more information.

If you are under a Tax investigation HMRC can go back 20 years but it is usually 4-6 years.  When you receive anHMRC Investigation letter it will detail what information is required depending on what they are investigating. Normally they will require information based on the tax return you have submitted.

HMRC determines what years they can assess and the level of penalties. There are 3 main categories they use, based upon the behaviour of the taxpayer:

1  Innocent Omission : If HMRC discover there was tax to be assessed, and the taxpayer was wrong without being carless the normal time limit is 4 years from end of year, i.e. they will open up 4 tax years. 2  Careless or Negligent :If HMRC find the taxpayer to be Carless/ Negligent by failing to do what a reasonable prudent man would do. HMRC will look into 6 tax years from end of year. 3  Deliberate :If HMRC establish that the omission was deliberate i.e they had the knowledge and had intend to conceal HMRC will investigate 20 tax years. The calculation of the penalties and Interest depends on whether failure to disclosure was innocent, carless or deliberate, the penalty can be even higher if there was evidence of an attempt to conceal. The penalties can be anything from 0% - 100%. In certain cases the penalty can be as much as 200%, i.e.where there is foreign income involved.

When HMRC makes an assessment the onus is on the taxpayer to displace the assessment. If the assessment is based on the taxpayer behaviour being carless or deliberate the onus is on HMRC to prove this was the case.

Taking into consideration the above a tax investigation can turn into a lengthy and costly exercise, a pain well worth avoiding.  Therefore is it imperative to consult with an accountant or a tax specialist who has experience of these cases. Appeals can be made against: An assessment, A penalty notice, A decision or A notice under Section 36 FA 2008.   This can be a long and complicated process, and if the appeal goes against you the HMRC investigationor penalties remains to be addressed.  

An accountant or tax specialist with the correct experience will

-          Collect and ensure the correct and precise information is sent to HMRC Investigators.

-          Attend to additional information requests.

-          Ensure the enquiry is not extended unnecessarily by HMRC.

-          Negotiate a final settlement of interest and penalties.

-          Negotiate the time period of payment as it is due immediately.

[revenueinvestigationaccoun-blog2]

Revenue Investigation Accountants

Under anHMRC Investigation?

HMRC have been cracking down on unpaid taxes over the last 4-5 years, and these crack downs are gaining momentum. Before HMRC investigators targeted those individuals in high income, cash and business who are more likely to use tax avoidance schemes. Now the climate has changedno one is immune, tax officials are targeting everyone from landlords, professionals,individuals who sell on eBay, to those who work from home like sale representatives.

HMRC have set up teams to investigate areas they believe to be high risk tax fraud, these could be geographical or specific sectors. In recent years it has been property income.

HMRC investigators will not explain what triggered thetaxinvestigation. It could be just a random enquiry or some obvious error or omission HMRC have detected.  Sometimes it could be something simple as your tax returns being constantly late or your expense claim was highagainst your income. Whatever the case is, if you receive a letter of investigation from the HMRC don’t panic. Some investigations can simply finish with one letter others can go on if HMRC request more information.

If you are under a Tax investigation HMRC can go back 20 years but it is usually 4-6 years.  When you receive anHMRC Investigation letter it will detail what information is required depending on what they are investigating. Normally they will require information based on the tax return you have submitted.

HMRC determines what years they can assess and the level of penalties. There are 3 main categories they use, based upon the behaviour of the taxpayer:

1  Innocent Omission : If HMRC discover there was tax to be assessed, and the taxpayer was wrong without being carless the normal time limit is 4 years from end of year, i.e. they will open up 4 tax years. 2  Careless or Negligent :If HMRC find the taxpayer to be Carless/ Negligent by failing to do what a reasonable prudent man would do. HMRC will look into 6 tax years from end of year. 3  Deliberate :If HMRC establish that the omission was deliberate i.e they had the knowledge and had intend to conceal HMRC will investigate 20 tax years. The calculation of the penalties and Interest depends on whether failure to disclosure was innocent, carless or deliberate, the penalty can be even higher if there was evidence of an attempt to conceal. The penalties can be anything from 0% - 100%. In certain cases the penalty can be as much as 200%, i.e.where there is foreign income involved.

When HMRC makes an assessment the onus is on the taxpayer to displace the assessment. If the assessment is based on the taxpayer behaviour being carless or deliberate the onus is on HMRC to prove this was the case.

Taking into consideration the above a tax investigation can turn into a lengthy and costly exercise, a pain well worth avoiding.  Therefore is it imperative to consult with an accountant or a tax specialist who has experience of these cases. Appeals can be made against: An assessment, A penalty notice, A decision or A notice under Section 36 FA 2008.   This can be a long and complicated process, and if the appeal goes against you the HMRC investigationor penalties remains to be addressed.  

An accountant or tax specialist with the correct experience will

-          Collect and ensure the correct and precise information is sent to HMRC Investigators.

-          Attend to additional information requests.

-          Ensure the enquiry is not extended unnecessarily by HMRC.

-          Negotiate a final settlement of interest and penalties.

-          Negotiate the time period of payment as it is due immediately.

[revenueinvestigationaccoun-blog1]

Revenue Investigation Accountants

Under anHMRC Investigation?

HMRC have been cracking down on unpaid taxes over the last 4-5 years, and these crack downs are gaining momentum. Before HMRC investigators targeted those individuals in high income, cash and business who are more likely to use tax avoidance schemes. Now the climate has changedno one is immune, tax officials are targeting everyone from landlords, professionals,individuals who sell on eBay, to those who work from home like sale representatives.

HMRC have set up teams to investigate areas they believe to be high risk tax fraud, these could be geographical or specific sectors. In recent years it has been property income.

HMRC investigators will not explain what triggered thetaxinvestigation. It could be just a random enquiry or some obvious error or omission HMRC have detected.  Sometimes it could be something simple as your tax returns being constantly late or your expense claim was highagainst your income. Whatever the case is, if you receive a letter of investigation from the HMRC don’t panic. Some investigations can simply finish with one letter others can go on if HMRC request more information.

If you are under a Tax investigation HMRC can go back 20 years but it is usually 4-6 years.  When you receive anHMRC Investigation letter it will detail what information is required depending on what they are investigating. Normally they will require information based on the tax return you have submitted.

HMRC determines what years they can assess and the level of penalties. There are 3 main categories they use, based upon the behaviour of the taxpayer:

1  Innocent Omission : If HMRC discover there was tax to be assessed, and the taxpayer was wrong without being carless the normal time limit is 4 years from end of year, i.e. they will open up 4 tax years. 2  Careless or Negligent :If HMRC find the taxpayer to be Carless/ Negligent by failing to do what a reasonable prudent man would do. HMRC will look into 6 tax years from end of year. 3  Deliberate :If HMRC establish that the omission was deliberate i.e they had the knowledge and had intend to conceal HMRC will investigate 20 tax years. The calculation of the penalties and Interest depends on whether failure to disclosure was innocent, carless or deliberate, the penalty can be even higher if there was evidence of an attempt to conceal. The penalties can be anything from 0% - 100%. In certain cases the penalty can be as much as 200%, i.e.where there is foreign income involved.

When HMRC makes an assessment the onus is on the taxpayer to displace the assessment. If the assessment is based on the taxpayer behaviour being carless or deliberate the onus is on HMRC to prove this was the case.

Taking into consideration the above a tax investigation can turn into a lengthy and costly exercise, a pain well worth avoiding.  Therefore is it imperative to consult with an accountant or a tax specialist who has experience of these cases. Appeals can be made against: An assessment, A penalty notice, A decision or A notice under Section 36 FA 2008.   This can be a long and complicated process, and if the appeal goes against you the HMRC investigationor penalties remains to be addressed.  

An accountant or tax specialist with the correct experience will

-          Collect and ensure the correct and precise information is sent to HMRC Investigators.

-          Attend to additional information requests.

-          Ensure the enquiry is not extended unnecessarily by HMRC.

-          Negotiate a final settlement of interest and penalties.

-          Negotiate the time period of payment as it is due immediately.

-           

[revenueinvestigationaccoun-blog3]

Revenue Investigation Accountants

Under anHMRC Investigation?

HMRC have been cracking down on unpaid taxes over the last 4-5 years, and these crack downs are gaining momentum. Before HMRC investigators targeted those individuals in high income, cash and business who are more likely to use tax avoidance schemes. Now the climate has changedno one is immune, tax officials are targeting everyone from landlords, professionals,individuals who sell on eBay, to those who work from home like sale representatives.

HMRC have set up teams to investigate areas they believe to be high risk tax fraud, these could be geographical or specific sectors. In recent years it has been property income.

HMRC investigators will not explain what triggered thetaxinvestigation. It could be just a random enquiry or some obvious error or omission HMRC have detected.  Sometimes it could be something simple as your tax returns being constantly late or your expense claim was highagainst your income. Whatever the case is, if you receive a letter of investigation from the HMRC don’t panic. Some investigations can simply finish with one letter others can go on if HMRC request more information.

If you are under a Tax investigation HMRC can go back 20 years but it is usually 4-6 years.  When you receive anHMRC Investigation letter it will detail what information is required depending on what they are investigating. Normally they will require information based on the tax return you have submitted.

HMRC determines what years they can assess and the level of penalties. There are 3 main categories they use, based upon the behaviour of the taxpayer:

1  Innocent Omission : If HMRC discover there was tax to be assessed, and the taxpayer was wrong without being carless the normal time limit is 4 years from end of year, i.e. they will open up 4 tax years. 2  Careless or Negligent :If HMRC find the taxpayer to be Carless/ Negligent by failing to do what a reasonable prudent man would do. HMRC will look into 6 tax years from end of year. 3  Deliberate :If HMRC establish that the omission was deliberate i.e they had the knowledge and had intend to conceal HMRC will investigate 20 tax years. The calculation of the penalties and Interest depends on whether failure to disclosure was innocent, carless or deliberate, the penalty can be even higher if there was evidence of an attempt to conceal. The penalties can be anything from 0% - 100%. In certain cases the penalty can be as much as 200%, i.e.where there is foreign income involved.

When HMRC makes an assessment the onus is on the taxpayer to displace the assessment. If the assessment is based on the taxpayer behaviour being carless or deliberate the onus is on HMRC to prove this was the case.

Taking into consideration the above a tax investigation can turn into a lengthy and costly exercise, a pain well worth avoiding.  Therefore is it imperative to consult with an accountant or a tax specialist who has experience of these cases. Appeals can be made against: An assessment, A penalty notice, A decision or A notice under Section 36 FA 2008.   This can be a long and complicated process, and if the appeal goes against you the HMRC investigationor penalties remains to be addressed.  

An accountant or tax specialist with the correct experience will

-          Collect and ensure the correct and precise information is sent to HMRC Investigators.

-          Attend to additional information requests.

-          Ensure the enquiry is not extended unnecessarily by HMRC.

-          Negotiate a final settlement of interest and penalties.

-          Negotiate the time period of payment as it is due immediately.

[ir-legal]

Changes to employer-assisted temporary work visas: What does this mean for employers?

The Government is making a number of changes that will affect employers who want to recruit foreign workers. The changes aim to improve the temporary work visa system by ensuring that foreign workers are only recruited for genuine shortages, while also providing incentives for employers to employ and train more New Zealanders.

Six temporary work visa categories are going to be replaced with only one type of employer assisted temporary work visa. The new visa application process would require:

·      An employer check, where employers would be accredited to enable them to hire foreign workers;

·      A job check, where the job is checked to ensure that no New Zealander is able to fill the job being recruited for, subject to skill, sectoral and regional differentiation; and

·      A worker check, where checks will be made to ensure the foreign worker is of good character and health.

One of the most notable changes of the new framework is the legal requirement for employers to be accredited to be able to hire foreign workers. Becoming accredited means that employers must prove their “trustworthiness” across several areas. There will be different types of accreditation, but all employers will have to show evidence of:

·      compliance with employment laws;

·      have good human resource processes and policies;

·      financial stability;

·      commitment to increasing worker benefits and pay; and

·      commitment to training and hiring local workers.

Immigration New Zealand says changes will be implemented in stages to help manage a smooth transition over to the new visa application process and also to ensure that all employers are not required to be accredited on the same day.

Now is the time to act. Employers that want to hire foreign workers in the next 24 months must begin the process now, to avoid the inevitable visa-application log jam.

We are specialists in this field and can review your workforce composition, policies and processes as part of our business health check audit. We can explain to you how the new framework may impact your business. We can also provide support with designing, implementing and monitoring your systems and processes to ensure compliance with your obligations as employers. Likewise, we can assist with the preparation of applications for Employer Accreditation.

Ismail Rasheed, Lawyer specialises in Immigration and Tax Law. Visit www.irlegal.lawyer | Phone (04) 566 1155 | (09) 299 1155 | (03) 377 1155 | WhatsApp 027 566 1155

[e-accountantslimited]

Tax Investigation Advice And Cover In Richmond

Once you have subscribed to our tax Investigation service we will look after searching, collating, submitting all the documents requested and required. We will liaise with the tax authorities on your behalf and help you every step of the way. You will also have access to a legal helpline.

For More Info. Mail us @ waqaschughtai2021@gmail.com Call us @ +44 7931332502 Visit us @ https://e-accountants.net/

[ir-legal]

Capital Gains Tax Ruled Out

There were good reasons for ruling out Capital Gains Tax. Let’s have a look at some arguments for and against.

Whenever we look at improving our tax system it is predictable that capital gains tax will be raised as an option. It has been examined in 1967, 1978, 1982, 1987, 1988, 1989, 2001, and 2009, 2014 and by the recent Tax Working Group.

One reason we keep returning to capital gains tax is that the exemption for capital gains is the one, large, glaring exception to New Zealand’s “broad base” approach to taxation and, of course, expanding the tax base is necessary unless we are happy with increased indebtedness to foreign nations.

A big portion of the Tax Working Group’s final report is focused on the question of whether New Zealand should adopt a capital gains tax.

Some argue a capital gains tax on investment properties would be fairer and ease inter-generational tensions. A question often raised is whether it is fair to tax money earned from a bank deposit, but not from capital gains on an investment property.

At present, interest from term deposits is taxed, but the capital gain on the sale of an investment property is not. But should this differing treatment exist? In a policy report, ‘Benefits and Drawbacks of a Capital Gains Tax’ prepared in February 2014 for the then Minister of Revenue Todd McClay, Inland Revenue noted:

“There is no obvious reason why a person who derives $100,000 in interest income should be taxed differently to a person who derives $100,000 in capital gains.”

The argument that a “buck is a buck” and everyone should therefore bear the same tax burden on every dollar earned is attractive.

So, why are we reluctant to tax capital gains from investment property? I do not think it is about fairness.

Many commentators have come out against recommendations to impose a capital gains tax because they are all concerned it will have a crippling effect on businesses and farmers.

While capital gains taxes raise revenues for government they do so with considerable economic harm.

Capital gains taxes reduce the return that entrepreneurs and investors receive from the sale of their investments. This diminishes the reward for entrepreneurial risk-taking and reduces the number of entrepreneurs and the investors that support them. The result is lower levels of economic growth and job creation.

One of the most significant economic effects is the incentive it creates for owners of capital to retain their current investments even if more profitable and productive opportunities are available.

Economists refer to this result as the “lock-in” effect. Capital that is locked into sub-optimal investments and not reallocated to more profitable opportunities hinders economic output.

Also, we should not ignore the fact that one of the principles of good tax policy is that there should be no double taxation of income that is saved and invested. Such a policy promotes current consumption at the expense of future consumption, which is simply an econo-geek way of saying that it penalises capital formation.

Every economic theory agrees that capital formation is key to long-run growth and higher living standards. Even Marxist and socialist theories are based on this notion (they want government to be in charge of investing, so they want to do the right thing but in a very wrong way). Many economists believe that the economically optimal tax on capital gains is zero.

President Obama’s first chief economic adviser, Larry Summers, wrote in the American Economic Review in 1981 that the elimination of capital income taxation “would have very substantial economic effects” and “might raise steady-state output by as much as 18 percent, and consumption by 16 percent.”

Whatever else might be said either for or against it, the introduction of capital gains tax would entail significant change for lawyers, accountants, valuers, businesspeople and investors generally; and the transition period – from the government’s announcement of the tax until several years after its introduction – would be likely to be particularly challenging.

Introduction of capital gains tax in New Zealand would add huge complexity to what is currently one of the world’s simplest tax systems and would result in a massive industry – as happens elsewhere in the world.

Ismail Rasheed is specialist tax lawyer with 19 years’ experience.

IR Legal, Level 2, 318 Lambton Quay, Wellington | Level 31, 48 Shortland Street, Auckland | P: 04 566 1155  | 09 299 1155 | E: office@irlegal.lawyer

[ir-legal]

Is Immigration NZ following International Law binding on New Zealand?

New Zealand’s current immigration stance on partnership-based visa appears to be at odds with International Law.

New Zealand immigration laws provide a framework for Immigration New Zealand to manage immigration in a way that balances our national interests with our international obligations. That is the scheme and purpose behind the Immigration Act 2009.

Under international human rights law, the family is recognized as the fundamental group unit of society and entitled to protection and assistance by Article 16(3) of the 1948 Universal Declaration of Human Rights (UDHR); by Article 23(1) of the 1966 International Covenant on Civil and Political Rights (ICCPR) an by various Articles of the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) amongst other international conventions and treaties.

New Zealand has made a commitment to uphold the UDHR and ratified the ICCPR on 28 December 1978 without any reservation on Article 23(2).

The United Nations Human Rights Committee (UNHRC), established to monitor States’ implementation of ICCPR has clarified that: “[t]he right to found a family in Article 16(1) of UDHR implies, in principle, the possibility to … live together”.

Therefore, Immigration New Zealand’s current stance of not allowing overseas people (lawfully wedded wives and husbands, de facto partners, and young children) to visit and live with their families in New Zealand is arguably in breach of International human rights law that is binding on New Zealand.  

The involuntary separation of families by State intervention, which is devastating to the individuals involved and frequently destructive in its long-term impact on cultural groups and entire societies, is a widespread problem that deserves increased attention as an issue of international human rights law.

For anyone, it would seem cruel and inhuman to decline visitor visas for partners and young children of New Zealand citizens, residence class visa holders and work visa holders who are tirelessly contributing to New Zealand economy and the well-being of other New Zealanders. Some of them are New Zealand born citizens and they need their families to live with them in New Zealand. Immigration New Zealand cannot dictate who New Zealanders should marry – that is a breach of fundamental international human rights law binding on New Zealand. 

What message is New Zealand now sending out to the rest of the world while the government proclaims to be advocating universal human rights law both at home and abroad? 

IR Legal specialises in Immigration Law and Tax Law. Visit www.irlegal.lawyer | Phone (04) 566 1155 | (09) 299 1155 | (03) 377 1155 | WhatsApp 027 566 1155

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