Section RE 22 — Income Tax Act 2007: When payment treated as non-resident passive income

RE 22 When payment treated as non-resident passive income When this section applies (1) This section applies when— (a) a person ( person A ) is required to pay an amount that would be treated as resident passive income in the absence of this section to another person ( person B ); and (b) person A receives resident passive income as agent or trustee for person B. No liability (2) If person A concludes on reasonable grounds after making reasonable inquiries that an amount is non-resident passive income derived by person B, and person A has complied with their obligations under this Act and the Tax Administration Act 1994 in relation to paying non-resident withholding tax (NRWT) to the Commissioner, they have no liability under the RWT rules in relation to the amount. Payment derived by non-resident (3) For the purposes of determining person A’s liability under the RWT rules, the amount is treated as derived by a non-resident. Defined in this Act: amount , Commissioner , pay , non-resident , non-resident passive income , NRWT , resident passive income , RWT rules , trustee Compare: 2004 No 35 s NF 5 Section RE 22(1)(a): substituted (with effect on 1 April 2008), on 7 December 2009, by section 110(1) of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63). Section RE 22 list of defined terms resident in New Zealand : repealed (with effect on 1 April 2008), on 7 December 2009, by section 126 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).