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Inland Revenue (IR) released a new report, Multinational Enterprises, Compliance Focus 2024, which sets out its updated approach to international tax compliance for multinational enterprises operating in New Zealand.
It’s been five years since IR’s last formal update on this topic, and while it is great to see consistency in IR’s views, we believe there is still some work to be done to ensure things continue moving in the right direction.
MNE compliance is important to New Zealand
To protect New Zealand’s tax revenue at a time when tax departments across the globe compete for their fair share of revenue like never before, a focus on compliance is key. IR believes New Zealand’s self-assessment regime enables voluntary compliance. The integrity of the tax system is maintained because most New Zealanders do comply – and it is expected those who don’t will have the appropriate action taken against them through IR’s enforcement work.
The same principles also apply to corporate tax for multinational enterprises (MNEs). MNEs play an impactful and meaningful part in New Zealand’s economic environment. With over 800 significant foreign-owned groups operating in New Zealand, MNEs are significant taxpayers. Working toward their compliance is an important part of the Inland Revenue compliance programme. MNE compliance is reviewed annually, meaning interaction with Inland Revenue is a matter of when, not if – so MNEs can expect compliance action to continue.
Over the past five years, IR has completed its business transformation programme, navigated the challenges around the pandemic and embedded its original anti-BEPS measures, which are now business as usual. It should be highlighted IR has done that while continuing to meet international standards and keep an eye on what is next.
Inland Revenue’s compliance approach
IR has set out its approach to compliance with four simple statements:
Acting in real time and up-front. This means early interaction, encouraging MNEs to apply for rulings and advance pricing agreements. This early interaction provides certainty and enables a collaborative approach between MNEs and Inland Revenue.
Focusing on end-to-end processes from a customer point of view. IR is aiming to look at customer lifecycles closely to help identify points where people choose to comply or not comply. This, along with other information about customers, can help it intervene at the most opportune moments.
Making it easy to comply and difficult not to. With an intuitive customer-centric system, and “limited opportunities to get it wrong”, IR can make compliance easier for everyone. It also aims provide guidance and simplification whenever it can.
Actively involving and engaging customers and other stakeholders. IR woks with other organisations to make customer processes more streamlined, reducing admin and increasing certainty.
What MNEs (and most local taxpayers) need to know about IR’s compliance approach
First, legislation is being further strengthened to prevent BEPS. New Zealand will implement the Global Anti-Base Erosion (GloBE) rules from 1 January 2025. These are designed to ensure MNEs pay a minimum effective tax rate of 15% in every country where that income is earned. There is also a Domestic Income Inclusion rule coming into effect from 1 January 2026 which will apply to undertaxed source income of a domestic parent company and its domestic subsidiaries. It will be complex and challenging to get all MNEs to pay 15% around the globe, so IR is already planning and developing systems to get this right.
IR is also working toward increasing tax transparency. It is a big importer of information – receiving over 1,500 ‘Country by Country’ reports annually from treaty partners, while exchanging reports for 25 MNEs headquartered here in New Zealand. Corporate tax governance is another area for improvement: local documentation of New Zealand transfer pricing is a must and MNEs are expected to demonstrate tax responsibility. While Inland Revenue takes a pragmatic approach, a positive outcome to transfer pricing disputes is not always guaranteed and it is important for MNEs to be engaged in the domestic disputes process.
For MNEs in risk categories, expect greater scrutiny. IR plans to enhance its intelligence and analytics area focusing on risk indicators such as profit stripping, mispriced debt instruments, avoidance of permanent establishment status, and inappropriate apportionment of branch profits. MNEs should expect challenges if they fall into these risk indicators. IR is investing in additional monitoring and targeted enforcement to prevent BEPs.
Then there is its work building international tax capacity, which will support the Pacific Islands to reach international standards and expanding the tax treaty network. New Zealand has double taxation agreements (DTAs) with 40 other nations, and IR is continually negotiating updates and concluding new DTAs as required.
Finally, one bright note for MNEs is IR’s focus on keeping compliance costs under control, which is always welcome.
IR reiterates it does not always align with other tax authorities. While IR takes a reasonable approach to acting commercially, it expects MNEs to prepare so they have robust tax governance in place.