WEBVTT - Investing outside NZ? Here are some tax rules (FIF)

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<v Speaker 1>Kyoto Koto. Welcome to Shared Lunch. My name is Gus Watson,

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<v Speaker 1>investments lead at shares Z. Today we're going to look

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<v Speaker 1>at tax on foreign investment funds, also known as fIF tax.

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<v Speaker 1>If you have over fifty thousand dollars invested internationally, this

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<v Speaker 1>explaining episode is something you should listen to to make

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<v Speaker 1>sense of it all. I'm joined by Hayden Clark from

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<v Speaker 1>ID and Ross Nelson from PwC. But before we start,

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<v Speaker 1>I need to tell you that the tax comments in

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<v Speaker 1>this podcast are general in nature and for educational purposes only.

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<v Speaker 1>We recommend you confirm or seek tax advice on how

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<v Speaker 1>the TAXTA applies to your situation. If you're unsure it.

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<v Speaker 2>All, investing involves a risk you might lose the money

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<v Speaker 2>you start with, we recommend talking to a licensed financial advisor.

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<v Speaker 2>We also recommend reading product disclosure documents before deciding to invest.

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<v Speaker 2>Everything you're about to see and here is current at

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<v Speaker 2>the time of recording.

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<v Speaker 1>Thanks for being here, guys. fIF. It's this weird acronym.

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<v Speaker 1>What is fifth? What does it mean? Right?

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<v Speaker 3>So the fifth rules is really the short term for

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<v Speaker 3>the foreign investment fund rules and it's one of the

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<v Speaker 3>key sets of rules that applies to outbound investment from

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<v Speaker 3>New Zealand into foreign companies, particularly outbound investment into foreign

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<v Speaker 3>companies that aren't controlled by New Zealand residents. And so

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<v Speaker 3>that means they cover your typical scenario where you've got

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<v Speaker 3>a New Zealand resident investing internalfshore listed company where they

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<v Speaker 3>just have a portfolio interest of less than ten percent.

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<v Speaker 3>And one of the things that these rules are intended

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<v Speaker 3>to do is to ensure that those outbound investments in

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<v Speaker 3>foreign shares are taxed consistently, including where, for example, the

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<v Speaker 3>foreign company doesn't pay out a dividend.

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<v Speaker 1>As an individual investor, how do I know if the

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<v Speaker 1>fifth rules are relevant to me?

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<v Speaker 4>As Hayden said, the rules applied to investments in foreign companies,

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<v Speaker 4>So if you've got an investment in a US listed

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<v Speaker 4>stock or anywhere in the world, these rules are potentially relevant,

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<v Speaker 4>but they also apply to foreign unit trusts. What they

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<v Speaker 4>don't apply to I suppose if I just touch on

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<v Speaker 4>that is cryptocurrency typically will not be subject to these rules,

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<v Speaker 4>and there's some great id guidance around how your tax

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<v Speaker 4>on your cryptocurrency. They're not relevant to things like foreign

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<v Speaker 4>bank accounts, foreign investments and property not relevant to your

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<v Speaker 4>QI saver. So there's lots of things they're not relevant to.

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<v Speaker 4>But yeah, if you've got investments in foreign shares, then

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<v Speaker 4>they're generally relevant, but there are a couple of important

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<v Speaker 4>carve outs to that.

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<v Speaker 1>Yeah, I understand that some of the AX shares they're

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<v Speaker 1>not relevant for and the IOD website is the best

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<v Speaker 1>place to check that.

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<v Speaker 4>That's right. Yeah, if you've got investments in Australian listed shares,

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<v Speaker 4>then many of those are carved out. There's a specific

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<v Speaker 4>exemption for them, but not all of them. So yeah,

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<v Speaker 4>you do need a gain. The id's got a great

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<v Speaker 4>tool on the website. You just go to that, put

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<v Speaker 4>the ASEX ticker in and that'll tell you whether or

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<v Speaker 4>not that share is exempt from the fifth rules or not.

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<v Speaker 4>I suppose the other key exemption is the demonymous exemption,

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<v Speaker 4>and that will be relevant for many people as well.

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<v Speaker 1>Can you explain what you mean by the deminimus exemption.

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<v Speaker 4>Where you've got a total shareholdings and fifth of less

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<v Speaker 4>than fifty thousand dollars in New Zealand and that's a

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<v Speaker 4>cost test, so you need to know what you've paid

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<v Speaker 4>for these fifths. Then the fifth rules do not apply

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<v Speaker 4>to you and your tax more or less as if

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<v Speaker 4>they were an investment in a New Zealand listed company,

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<v Speaker 4>for example, so you would be taxed on those investments

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<v Speaker 4>on any dividends you receive from them. We don't have

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<v Speaker 4>a comprehensive capital gains tax in New Zealand, so for

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<v Speaker 4>most investors you wouldn't be taxed on any gains you realize,

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<v Speaker 4>although that's not always the case. If you're trading or

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<v Speaker 4>purchase those shares with intention of sale, then you'd be

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<v Speaker 4>taxed on them. But yeah, for most investors, if you're

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<v Speaker 4>in the Deminymous exception, then you'll just be text on

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<v Speaker 4>your diffendend income. It's a cost test of less than

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<v Speaker 4>fifty thousand dollars. A couple of things on that. If

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<v Speaker 4>you are investing using various platforms or different portfolios with

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<v Speaker 4>different brokers, you do need to look at all of

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<v Speaker 4>your fIF interests in total. If you're investing jointly, if

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<v Speaker 4>you're you might be investing with your spouse, then then

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<v Speaker 4>you effectively you get one hundred thousand dollars deminimus because

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<v Speaker 4>you're splitting that holding across across the two of.

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<v Speaker 1>You I'm an individual investor in Vision New zeal investor.

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<v Speaker 1>I have been investing off shore. The things I've been at,

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<v Speaker 1>the foreign investment funds I've investing in offshore aren't on

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<v Speaker 1>the AX exemption tool. I more that costs me more

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<v Speaker 1>than fifty thousand New Zealand dollars to buy these foreign

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<v Speaker 1>investment funds. What I do now, like, how do I

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<v Speaker 1>calculate my foreign investment fund income? How do I determine

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<v Speaker 1>the tax that I might need to pay?

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<v Speaker 4>Sure there's a there's a number of different fifth income

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<v Speaker 4>calculation methods, but by far and away the most too

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<v Speaker 4>common ones are the fear dividend rate method and the

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<v Speaker 4>comparative value method the CV methods, So FDR and CV

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<v Speaker 4>are the two key methods. Under the FDR method, you

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<v Speaker 4>basically you take five percent of your opening market value

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<v Speaker 4>of your fifth portfolio and take five percent of that

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<v Speaker 4>and that is your fifth income for the year. Now

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<v Speaker 4>that's the case irrespective of whether you're that that portfolio

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<v Speaker 4>might have returned fifteen percent that year, your kind of

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<v Speaker 4>income is kept at five percent. But in contrast, if

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<v Speaker 4>you know if it's a bad year and that portfolio

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<v Speaker 4>has made a loss or a gain of less than

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<v Speaker 4>five percent, you still have that deemed return of five

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<v Speaker 4>percent under the FDR method. There is a little rinkle

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<v Speaker 4>to the FDR method as well. If you happen to

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<v Speaker 4>be buying and selling fifths within an income year, then

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<v Speaker 4>there's something called a quick sale calculation. So if you

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<v Speaker 4>are doing that, there's a little bit of a complexity.

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<v Speaker 4>You just need to navigate where you need to calculate

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<v Speaker 4>the gain you make on that trade. But again is

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<v Speaker 4>a five percent cap, so you're a little bit of

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<v Speaker 4>a wrinkle if you are sort of trading within within

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<v Speaker 4>an income year.

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<v Speaker 1>Can I replay that one back to you? So the

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<v Speaker 1>FDR method our first method. At a high level, I

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<v Speaker 1>look at the value at the start of the period,

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<v Speaker 1>I multiply it by five percent, and that's my fifth

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<v Speaker 1>income correct.

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<v Speaker 4>The FDR method is available to all investors effectively, So

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<v Speaker 4>if you were a New Zealand listed pie, the New

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<v Speaker 4>Zealand listed pie would be applying those FDR rls to

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<v Speaker 4>calculate its return on interests that that vehicle might have

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<v Speaker 4>invested into as an individual or for certain trusts in

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<v Speaker 4>New Zealand. You also have the ability to use the

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<v Speaker 4>CV method under the CV method, It basically calculates the

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<v Speaker 4>market value movement of your portfolio for the year. So

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<v Speaker 4>and for what For most investors, what you would do

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<v Speaker 4>is calculate your income under FDR, calculate your income under CV,

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<v Speaker 4>and each year you have the option of choosing the

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<v Speaker 4>lower of those two. So in the scenario I described earlier,

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<v Speaker 4>where your portfolio had performed poorly, under FDR, you would

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<v Speaker 4>have a deemed return of five percent of the opening

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<v Speaker 4>market value, but under CV, your actual market value movement

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<v Speaker 4>was less than five percent, or in fact, if you

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<v Speaker 4>made a loss overall, then you'll pay tax on that

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<v Speaker 4>lower amount where it's where it's a loss, you don't

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<v Speaker 4>get to claim the loss, but you'll return NOL income

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<v Speaker 4>on your portfolio under the CV method. Just one last

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<v Speaker 4>thing I should say on that is that there is

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<v Speaker 4>a consistency requirement. So if you have you know you

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<v Speaker 4>need to use the same method for your fifths in

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<v Speaker 4>an income year. So you can't sort of choose you

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<v Speaker 4>CV for this loot over here because it suits you

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<v Speaker 4>and use FDR on this lot. You need to use

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<v Speaker 4>one method consistently within an income year, but you can

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<v Speaker 4>switch and change between FD FDR, and CV between different

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<v Speaker 4>income years, or.

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<v Speaker 1>The decision for most of our shares investors whether do

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<v Speaker 1>I want to go FDR or do I not to

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<v Speaker 1>g CV. So something that we actually offer shares investors

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<v Speaker 1>at the moment as a download or report, so it

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<v Speaker 1>gives the data or the inputs so they can do

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<v Speaker 1>the calculations to determine their ZV income or the FDR

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<v Speaker 1>method income. It's a downloadable sis the report or we

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<v Speaker 1>also offer a integration to share site plug in. We

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<v Speaker 1>share them a month of your trading data and it

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<v Speaker 1>prints out those two numbers and then you can make

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<v Speaker 1>that call about whether you want to use a CV

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<v Speaker 1>approach or the FDR approach. So summarizing going back through,

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<v Speaker 1>so we realize we're a fifth investor because we have

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<v Speaker 1>more than fift New Zealand dollars offshore. We've now done

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<v Speaker 1>our CV income, our FDR income, and we've decided that

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<v Speaker 1>we want to go with the FDR income approach. Let's say, so,

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<v Speaker 1>how do we go about paying text now that we

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<v Speaker 1>know this number? Hayden right.

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<v Speaker 3>So obviously the thing to do is to include the

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<v Speaker 3>fifth income in your income tax return, and so you

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<v Speaker 3>would go into my IR and load up the return

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<v Speaker 3>for the air and include your fifth income. When it

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<v Speaker 3>comes to fifth income, you may be entitled to claim

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<v Speaker 3>some tax credits against that income. For example, if you

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<v Speaker 3>receive a foreign dividend and the foreign country has withheld

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<v Speaker 3>withholding taxes, you'll be entitled to a foreign tax credit

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<v Speaker 3>in relation to your fifth income. But there are some

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<v Speaker 3>limitations in claiming foreign tax credits, so it's always good

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<v Speaker 3>to check the id guaridance to see if you're entitled

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<v Speaker 3>to the foreign tax credit and the amount you're entitled to. Then,

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<v Speaker 3>in addition, in relation to the dividend, Chazis may deduct

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<v Speaker 3>withholding tax and that's resident withholding tax from the dividend,

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<v Speaker 3>and you're entitled to claim a tax credit for that

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<v Speaker 3>resident withholding tax in your return as well. The difference

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<v Speaker 3>between a foreign tax credit, though, and the resident withholding

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<v Speaker 3>tax deducted by chair Zis is that resident withholding tax

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<v Speaker 3>is actually a refundable tax credit. So if it turns

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<v Speaker 3>out that the tax payable on your fifth income is

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<v Speaker 3>greater than the foreign tax credit and the RWT combined,

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<v Speaker 3>you'd be able to get a refund of the excess IRWT.

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<v Speaker 3>If I suppose you realize that you'd not return fifth

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<v Speaker 3>income in a prior year when you should have the

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<v Speaker 3>best thing to do then would be to write into

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<v Speaker 3>inland revenue, telling them about it and making what's called

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<v Speaker 3>a voluntary disclosure. And so again you can do that

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<v Speaker 3>through my IR by logging into the system and asking

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<v Speaker 3>in the revenue to adjust the return. And when you're

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<v Speaker 3>asking for an adjustment, it's really important to provide a

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<v Speaker 3>work paper explaining how you've culculated them out that you're

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<v Speaker 3>planning on adjusting to. And also to bear in mind

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<v Speaker 3>that you may have mistakenly included your dividend income and

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<v Speaker 3>your return by mistake, so you're not just asking to

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<v Speaker 3>include the fifth income, but you're also asking them to

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<v Speaker 3>take the dividend income out the return, and so there's

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<v Speaker 3>actually a need adjustment that you're asking for. So including

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<v Speaker 3>all that information and making the voluntary disclosures helpful.

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<v Speaker 1>There's a few things that remember in terms of types

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<v Speaker 1>of income. What happens with dividend income.

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<v Speaker 4>Well, yeah, under the FDR method, you don't look at

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<v Speaker 4>dividend income. Under the CV method, there is a formula.

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<v Speaker 4>So I said before that you're looking to work out

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<v Speaker 4>the market value movement on your portfolio. It's basically looking

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<v Speaker 4>at the overall economic return. So there's a CV formula

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<v Speaker 4>that you need to work through. Your dividends form part

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<v Speaker 4>of the gains for a particular year, so you would

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<v Speaker 4>need to look at that if you're applying the CV formula.

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<v Speaker 4>But one point to remember that with all of these methods,

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<v Speaker 4>So with the FDR method and the CV method, once

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<v Speaker 4>you've calculated your income for the year and returned to

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<v Speaker 4>that income to inland revenue, that that is the only

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<v Speaker 4>income that you need to return on those fifths. So

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<v Speaker 4>if you subsequently make a gain at a later date,

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<v Speaker 4>you will not be taxed on that gain. If you

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<v Speaker 4>subsequently receive a dividend, then you're not taxed on that.

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<v Speaker 4>You just have to return your fifth income under one

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<v Speaker 4>of those two methods each year, and that is that

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<v Speaker 4>is the only income that you need to return in

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<v Speaker 4>relation to those fifths.

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<v Speaker 1>Of investors out there, we're interested about how they're going

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<v Speaker 1>to be able to do these calculations. Is there any

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<v Speaker 1>kind of tools that you can point them to that

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<v Speaker 1>can help them with this process? Hayden, Yeah, sure.

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<v Speaker 3>So you've already mentioned the AX exemption tool. So that's

0:13:15.880 --> 0:13:19.520
<v Speaker 3>available in an n Revenues website just by googling asx

0:13:19.679 --> 0:13:24.199
<v Speaker 3>fifth exemption. There's also a fifth income calculator on a

0:13:24.280 --> 0:13:27.600
<v Speaker 3>THEN Revenues website which which can be helpful if you're

0:13:27.640 --> 0:13:31.160
<v Speaker 3>trying to work out both your fifth FDR income and

0:13:31.480 --> 0:13:34.839
<v Speaker 3>CV income and all that you need to use that

0:13:34.960 --> 0:13:40.720
<v Speaker 3>tool is your transaction details during the year. In addition,

0:13:40.800 --> 0:13:44.439
<v Speaker 3>there's also a Foreign Investment Fund income guide available on

0:13:44.480 --> 0:13:46.920
<v Speaker 3>the n THEN Revenue website that's called the IR four

0:13:46.960 --> 0:13:49.319
<v Speaker 3>six one, So you could google IR four six one

0:13:49.880 --> 0:13:53.120
<v Speaker 3>or IID Foreign Investment Fund Guide and both of those

0:13:53.160 --> 0:13:54.880
<v Speaker 3>searchers will pull up the guide for you.

0:13:55.480 --> 0:13:58.040
<v Speaker 1>Yeah, just for those the shares of investors out there,

0:13:58.080 --> 0:14:01.880
<v Speaker 1>we do provide the day on transaction history which can

0:14:01.920 --> 0:14:09.120
<v Speaker 1>be used to educate or to input into the IRR

0:14:10.200 --> 0:14:13.640
<v Speaker 1>fifth tool calculation tool. And as I mentioned before, we

0:14:13.679 --> 0:14:16.559
<v Speaker 1>have also had the Shares Share Sarte integration and they

0:14:16.559 --> 0:14:18.680
<v Speaker 1>can do the calculations for you. So we've got that

0:14:18.760 --> 0:14:22.200
<v Speaker 1>dry approach or you can outsource it. And I understand

0:14:22.280 --> 0:14:25.640
<v Speaker 1>you can do a one month fee for the share

0:14:25.680 --> 0:14:29.480
<v Speaker 1>site report as well, and from there my IR for

0:14:29.600 --> 0:14:33.920
<v Speaker 1>the submitting to the ID. So we have a lot

0:14:34.000 --> 0:14:37.760
<v Speaker 1>of investors on shares these that are already over the

0:14:38.120 --> 0:14:44.760
<v Speaker 1>fifty k threshold and will be sit under the fifth rules. However,

0:14:44.800 --> 0:14:47.000
<v Speaker 1>we also see a lot of investors that are growing

0:14:47.000 --> 0:14:49.280
<v Speaker 1>their portfolios and we'll be close to that fifty k

0:14:49.360 --> 0:14:52.680
<v Speaker 1>mark very soon. Ross what should they be thinking about?

0:14:53.320 --> 0:14:55.000
<v Speaker 4>You know, I guess it's important if you're close to

0:14:55.040 --> 0:14:58.160
<v Speaker 4>that fifty k mark to really just check and see

0:14:58.160 --> 0:15:02.040
<v Speaker 4>where you are at. If the cost of your fifths

0:15:02.120 --> 0:15:05.880
<v Speaker 4>exceeds or is fifty thousand dollars or more New Zealand

0:15:05.920 --> 0:15:08.640
<v Speaker 4>and any any point in the income year, then you

0:15:08.640 --> 0:15:11.240
<v Speaker 4>will be subject to the fifth rules. It is only

0:15:11.960 --> 0:15:14.440
<v Speaker 4>fifths that are subjects to rules that come within the

0:15:14.560 --> 0:15:17.920
<v Speaker 4>fifty thousand dollars you're measuring. If, for example, you have

0:15:19.040 --> 0:15:23.120
<v Speaker 4>investments in Australian listed stocks that are exempt, they don't

0:15:23.120 --> 0:15:26.320
<v Speaker 4>come into the fifty thousand dollars, so you can exclude those.

0:15:26.800 --> 0:15:30.000
<v Speaker 4>If you do, say, have fifths with a cost of

0:15:30.080 --> 0:15:33.000
<v Speaker 4>fifty two thousand dollars in a year, that means that

0:15:33.040 --> 0:15:35.520
<v Speaker 4>all of your fifths are going to be subject to

0:15:35.520 --> 0:15:37.320
<v Speaker 4>the fifth regime, don't You don't sort of get the

0:15:37.320 --> 0:15:40.880
<v Speaker 4>first fifty thousand dollars free if you're if you exceed

0:15:40.880 --> 0:15:43.640
<v Speaker 4>that fifty thousand dollars mark, then all of your fifths

0:15:43.640 --> 0:15:45.680
<v Speaker 4>will be taxed using the fifth regime in that year.

0:15:45.960 --> 0:15:49.360
<v Speaker 1>Just a local example, please, where have a lot lot

0:15:49.360 --> 0:15:52.320
<v Speaker 1>of investors that say invest in a smartch is SMP fund?

0:15:53.240 --> 0:15:54.480
<v Speaker 1>Would that be a fifth fund?

0:15:54.840 --> 0:15:56.800
<v Speaker 3>To work out whether a lot of fund is a

0:15:56.840 --> 0:15:59.240
<v Speaker 3>foreign investment fund, what you need to look at is

0:15:59.640 --> 0:16:03.080
<v Speaker 3>where the fund itself is resident. So my understanding is

0:16:03.120 --> 0:16:06.320
<v Speaker 3>the smart shares funds actually New Zealand resident funds, So

0:16:06.400 --> 0:16:08.960
<v Speaker 3>you're investing into a New Zealand entity, so the foreign

0:16:08.960 --> 0:16:11.920
<v Speaker 3>investment fund rules won't apply. It doesn't matter that the

0:16:11.920 --> 0:16:15.320
<v Speaker 3>fund is investing itself into foreign shares that that's not

0:16:15.360 --> 0:16:17.560
<v Speaker 3>what you're looking at. You look at where the fund

0:16:17.640 --> 0:16:18.160
<v Speaker 3>is resident.

0:16:18.560 --> 0:16:22.320
<v Speaker 1>Thank you both, really appreciate your time and thank you

0:16:22.360 --> 0:16:24.760
<v Speaker 1>from on behalf of our investors as well. Thank you.

0:16:24.920 --> 0:16:28.280
<v Speaker 1>Thanks once again. Tax is very individual and it's always

0:16:28.320 --> 0:16:31.360
<v Speaker 1>best to see tax advice from your accountant or advisor

0:16:31.560 --> 0:16:39.560
<v Speaker 1>if you're at all on shore. Martyr Wa