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Question 1 Source and Residence (Total 5 marks) Tevita Tuineana is a Samoan citizen and a permanent resident of New Zealand (NZ). He has been
Question 1 Source and Residence (Total 5 marks) Tevita Tuineana is a Samoan citizen and a permanent resident of New Zealand (NZ). He has been living in NZ for the last four years. He is a qualified Chartered accountant and works for a well-known accounting fim. He currently owns a house in Mount Roskill and his two children attend the local high school. His wife works as a teacher at a local school. Given his experiences, Tevita has recently been offered a high paying job in Samoa. He is keen to take up this new job which will require him to be away from New Zealand for over 325 days. However, his wife and children will remain in New Zealand so that his children can continue their studies here. He plans to deposit regular amounts of money from his salary in Samaa into a joint NZ bank account he holds with his wife and will visit them when he gets leave. Required: Tevita has come to you to seek advice on his tax residency status if he take up the new job in Samoa. Explain to him whether he will remain a tax resident of New Zealand if he takes up his new job and the tax implications. Support your answer with references to ITA 2007 and appropriate case law. Question 1 Source and Residence (Total 5 marks) Tevita Tuineana is a Samoan citizen and a permanent resident of New Zealand (NZ). He has been living in NZ for the last four years. He is a qualified Chartered accountant and works for a well-known accounting fim. He currently owns a house in Mount Roskill and his two children attend the local high school. His wife works as a teacher at a local school. Given his experiences, Tevita has recently been offered a high paying job in Samoa. He is keen to take up this new job which will require him to be away from New Zealand for over 325 days. However, his wife and children will remain in New Zealand so that his children can continue their studies here. He plans to deposit regular amounts of money from his salary in Samaa into a joint NZ bank account he holds with his wife and will visit them when he gets leave. Required: Tevita has come to you to seek advice on his tax residency status if he take up the new job in Samoa. Explain to him whether he will remain a tax resident of New Zealand if he takes up his new job and the tax implications. Support your answer with references to ITA 2007 and appropriate case law
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