In early 2010, over two years ago, we alerted and IRD accepted that the IR886 form was not collecting appropriate information.
We also noted that residence decisions were being made by staff who were clearly inexperienced
We identified many incorrect rulings by IRD, some of which we quickly overturned and some of which have led to lengthy and expensive disputes.
We redesigned the form for our own clients’ use and in good faith provided a copy to IRD
As at today’s date IRD has still not published any update to the form, and even though the form gives incorrect outcomes, tells taxpayers that they ‘MUST’ complete it.
Our advice:
- Use of the IR886 form is not compulsory;
- It focusses entirely on NZ as opposed to overseas connections;
- It gives a misleading impression to both taxpayers and IRD;
- Don’t use it – get professional advice instead
- We have designed our own form which collates appropriate data for all countries where the taxpayer has connections