Taxation of inidivisuals Flashcards
Who is an Employee?
Employee is someone who is under a contract of service, employees are entitled to receive “PAYE income payment
PAYE income payment includes?
- Salary and wages
- Cash benefits
- Taxable allowances
- Bonuses
- Other payment in money
How is tax paid on salaries and wages?
Pay as you earn
- employer pays to IRD on your behalf
- deducted at time of payment
Deductions for employees
Employment limitation denies deduction for most expenditures
Unless overridden
e.g. expenditure incurred in determining tax liability
Employee allowances that are exempt from tax:
- Accommodation
- Out of town secondment
- Conferences and overnight stays
- Multiple workplaces
- Relocation
- Overtime meals
- Additional transport costs
Employee reimbursement allowance
- Paying Km rate for business use of private vehicle
- Payment for business use of personal phone
- Out of pocket expense incurred in course of employment
What is an individual in business
someone who perfroms a contract FOR service
Independent contractors do not pay PAYE (they pay prov tax)
Control test
- Degree of control employer or principle exerts over work (Greater the control the more lean toward an employee)
Independence test
- Opposite of control test
- High independence more likely to be a contractor
- High independence consists of:
Work for multiple clients
Direct responsibility for profits and risks
Integration test
- Is the person an integral part of the running of the business
Intention test
- What is the intention of each party regarding to the nature of the relationship
Fundamental test or business test
- “Is the person who has been engaged to perform the services performing them as a person in business on their own account?”
- Yes = Contract for service = Contractor
- No = Contract of service = Employee