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McLEAN
AND CO.
NEW CLIENTS
Work out if you need to do anything at the end of the Tax Year
The Importance of Wills and Powers of Attorney
GST
Return and payment due dates will be changing for taxable periods ending on or
after
·
30 November-
the due date remains 15 January
·
31 March-
the due date will be 7 May
As
part of this alignment IRD will be changing the GST Returns in a two stage
process. The first stage will occur
in April 2007 with the removal of the carbon copy of the Return.
USE
OF MONEY INTEREST RATES
WORK
OUT IF YOU NEED TO DO ANYTHING AT THE END OF THE TAX YEAR
Most people who earn salary or wages pay the correct amount of tax and don't need to do anything at the end of the tax year (31 March).
However, if you earn income that has no tax deducted, or if you paid too much or not enough tax during the year, you'll need to file a return or get a Personal Tax Summary. These will tell you if you have a tax refund or bill to pay. Use the table below to find out if you need to do anything.
From April, you can check if you need to do anything for the tax year just ended by using our questionnaire Do you need to file an IR3 return or receive a personal tax summary?
If you... | then you... | Find out more... |
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probably paid the right amount of tax and don't need to do anything.
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earned salary or wages, and
|
may need to get a personal tax summary. Your Personal Tax Smmary will calculate your end-of-year tax square up. |
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need to file an Individual income tax return (IR3). Note: If you filed an IR3 last year, IRD will send you one automatically this year.
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may be eligible for an income tax rebate. This means you may get a refund. |
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may be eligible for a rebate. This means you may get a refund. |
The change to four weeks paid leave is being introduced gradually from 1 April 2007. It starts for different people on different dates.
An individual employee’s right to four weeks paid annual holidays will begin on their next anniversary (after 1 April 2007) of the date they started their current job.
So if an employee started work on 3 June, they will be entitled to four weeks holidays on 3 June 2008. If they started work on 3 February, they will be entitled to four weeks holidays on 3 February 2008.
For all employees who receive ’pay as you go’ holiday pay, the payment rises on 1 April 2007 to 8 percent of their pay, up from 6 percent.
The right to four weeks minimum annual holidays applies to all workers, of all ages, in all industries. It is against the law for an employer to give less than the minimum.
If an employee leaves their job after 1 April 2007, but before the next anniversary of starting their current job, they’re entitled to:
The change does not mean that employees who already get four or more weeks annual holidays will automatically get extra holidays. Whether an employee is entitled to another week over and above the new minimum requirement will depend on the wording of their employment agreement.
If the employment agreement says the employee is entitled to a specific number of weeks’ annual holidays – for example, four weeks - the employee wouldn’t be entitled to any additional leave. However, some employment agreements talk about providing one or more ’additional’ weeks holiday, over and above the statutory entitlement. These agreements would have to be looked at carefully to clarify the employee’s entitlement. Employers and employees with this sort of agreement may wish to seek independent advice.
IMPORTANCE OF WILLS AND POWERS OT ATTORNEY
WILLS
Making a Will may be one of the most important things you do.
A Will is the only way to ensure that your wishes are carried out. A Will should detail the distribution of all your property and assets, funeral arrangements and bequests to charitable organisations.
Having a Will ensures that your family does not suffer any unnecessary delay or expense in settling your affairs after your death.
If you die without a Will (which is called dieing "intestate") the Government, through legislation, will intervene. A court will determine who will look after any dependent children if a surviving parent is unavailable or unfit and any property will be distributed or held in trust according to a statutory formula set out in the Administration Act 1969.
Here are some examples of what would happen if you died intestate:
Example 1
You leave a spouse (or defacto partner) and children –
You would think that your surviving spouse (or defacto partner)
would take all of your property, especially if the children are
minors. This is not the case. The spouse (or defacto
partner) would be entitled to your personal chattels and a
statutory amount of $121,500 plus some interest from the residue
of your estate. The remainder would then be divided
one-third to your spouse (or defacto partner) and two-thirds to
your children.
Example 2
You leave a spouse (or defacto partner), no children, but one or
both parents – Again, you would think that your spouse (or
defacto partner) would take all of your property. However,
your spouse would take your personal chattels and the prescribed
statutory amount. Any remainder would then be divided
two-thirds to your spouse (or defacto partner) and one-third to
your parents.
Example 3
You have no family – In this situation the government would
take the estate.
POWERS OF ATTORNEY
What if you become mentally incapable and can't look after yourself or make decisions about your own affairs? Who can make decisions about your welfare, deal with your property, operate your bank accounts or pay your bills?
A Power of Attorney gives someone the authority to act legally on your behalf when you cannot. There are two types of Power of Attorney:
Ordinary Power of Attorney
You can grant an ordinary Power of Attorney if, for
example, you are going overseas and you want someone to manage
your bank accounts. This power will cease to exist in the
event that you lack legal capacity.
Enduring Power of Attorney
If you want someone to act for you when you are no longer
able to manage your affairs, you will need to arrange an
Enduring Power of Attorney.
If you become incapacitated and have not arranged an Enduring Power of Attorney, those wanting to care for you or make legal decisions on your behalf will need to apply for court orders under the Protection of Personal and Property Rights Act 1988. This takes longer and is more expensive than setting up an Enduring Power of Attorney.
There are two types of Enduring Power of Attorney – one gives the attorney the right to manage your financial affairs and deal with property, and the other the right to make decisions about your personal care and welfare. Ideally, you should arrange both.
If we can assist further, please email McLean and Co as follows: