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Commentary

5.3.3 Permanent Establishment (PE) risk from globally mobile employees

New Zealand

Where an overseas company has no permanent establishment in New Zealand there is generally no need to register as an employer; however, some employees may themselves give rise to there being a deemed permanent establishment, requiring alternative arrangements to be made for PAYE reporting and payment (see 6.1.3).

On their website page 'Tax Residency status for companies', the Inland Revenue define a PE as being 'a fixed place where the business activity is wholly or partly carried on', setting out the conditions which trigger a PE, which include the following:

CriteriaDescription
A permanent establishment for a business is a fixed place where the business activity is wholly or partly carried

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