Question 1

a. Peacock Furniture Imports (NZ) Limited (PFINZ) was incorporated in Australia in 2014 and is a fully owned subsidiary of an Australian company. The Australian parent is in the business of importing furniture and fittings from India. PFINZs business mainly involves the marketing and the sale of this furniture in New Zealand. The management of PFINZ takes place from its office in Hamilton. PFINZ does not have an office in Australia, but has several branches in New Zealand, located in Wellington and Christchurch. The general manager of PFINZ, who lives in Hamilton, is on the board of directors, but the other two directors are based in Brisbane. The overall strategic control of the company by its directors is exercised from Australia.

Task: Is Peacock Furniture Imports (NZ) Limited a resident in New Zealand for tax purposes? Explain your answer, commenting on each criterion and provide relevant statutory references.

Note: You do not need to consider the possible effects of the NZ/Australia Double Tax Agreement.

b. Ahmed, who has never previously been a New Zealand tax resident, made the following trips to Aotearoa New Zealand.

Ahmed did not have a permanent place of abode in Aotearoa New Zealand at any time during this period.

Task: Explain whether Ahmed is a resident of New Zealand for tax purposes. Provide details of your calculations of the number of days that he was present in Aotearoa New Zealand to support your answer. If he is a resident, state the date from which his residence commences and explain why.

\begin{tabular}{|c|c|c|} \hline Tripnumber & Date of arrival & Date of departure \\ \hline 1 & 16 August 2022 & 3 November 2022 \\ \hline 2 & 7 February 2023 & 22 April 2023 \\ \hline 3 & 21 July 2023 & 10 September 2023 \\ \hline \end{tabular}