Section CW 21 — Income Tax Act 2007: Amounts derived by visiting crew of pleasure craft

CW 21 Amounts derived by visiting crew of pleasure craft Exempt income (1) Income that a non-resident crew member derives from performing services in New Zealand relating to a pleasure craft while it is in New Zealand is exempt income if— (a) the services are performed for a person who is not resident in New Zealand; and (b) the pleasure craft is the subject of a security given under section 116 of the Customs and Excise Act 1996; and (c) the pleasure craft is not owned, wholly or partly or directly or indirectly, by— (i) a resident of New Zealand; or (ii) a controlled foreign company. Some definitions (2) In this section,— non-resident crew member means a person who— (a) is a crew member of a pleasure craft; and (b) is a non-resident, a matter determined without applying section YD 1(3) (Residence of natural persons); and (c) is not present in New Zealand on more than 365 days in any 2-year period that starts on or after 28 May 2002; and (d) is not in New Zealand unlawfully under the Immigration Act 2009 pleasure craft is defined in section 2 of the Maritime Transport Act 1994. Defined in this Act: amount , controlled foreign company , exempt income , income , New Zealand , non-resident , non-resident crew member , pleasure craft , resident in New Zealand , year , Compare: 2004 No 35 s CW 17 Section CW 21(2) non-resident crew member : amended, on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).