TIB index based from the NZ Tax Information Bulletin - kwister.net
Current Time (NZ)
03:24:41
29 Dec 2024
03:24:41
29 Dec 2024
TIB index based from the NZ Tax Information Bulletin - kwister.net
PUBLIC RULINGS BR PUB 15/01 AND BR PUB 15/02: SECONDHAND GOODS INPUT TAX DEDUCTIONS - FISHING QUOTA, COASTAL PERMITS AND CERTIFICATES OF COMPLIANCE
These rulings consider whether a registered person is entitled to claim secondhand goods input tax deductions when they purchase fishing quota, coastal permits or certificates of compliance from an unregistered person.PUBLIC RULING BR PUB 15/01: GOODS AND SERVICES TAX - FISHING QUOTA - SECONDHAND GOODS INPUT TAX DEDUCTIONS
This Ruling applies in respect of s 20(3), the definitions of 'goods' and 'secondhand goods' in s 2, and the definition of 'input tax' in s 3A.PUBLIC RULING BR PUB 15/02: GOODS AND SERVICES TAX - COASTAL PERMITS AND CERTIFICATES OF COMPLIANCE – SECONDHAND GOODS INPUT TAX DEDUCTIONS
The Arrangement to which this Ruling applies is the supply, by way of sale, of coastal permits or certificates of compliance situated in New Zealand, where the supply is not a taxable supply, and the supply is made to a GST registered purchaser who uses the coastal permits or certificates of compliance, or has them available for use, in making taxable supplies.COMMENTARY ON PUBLIC RULINGS BR PUB 15/01 AND 15/02
This commentary is not a legally binding statement. The commentary is intended to help readers understand and apply the conclusions reached in Public Rulings BR Pub 15/01 and BR Pub 15/02 (the Rulings).LIVESTOCK VALUES - 2015 NATIONAL STANDARD COSTS FOR SPECIFIED LIVESTOCK
The Commissioner of Inland Revenue has released a determination, reproduced below, setting the national standard costs for specified livestock for the 2014-2015 income year.SPECIAL DETERMINATION S32: SPREADING METHOD TO BE USED BY BANK IN RESPECT OF THE NOTES AND THE VALUE OF SHARES ISSUED BY BANK ON CONVERSION
This determination relates to a funding transaction involving the issue of Notes by the Bank to the New Zealand branch of its Australian parent company. The Notes will contain an exchange mechanism, in order to allow them to be recognised as Additional Tier 1 capital for the purposes of the Reserve Bank of New Zealand framework relating to the capital adequacy of banksGENERAL DETERMINATION DEP90: DEPRECIATION RATE FOR DRONES AND INTEGRATED ACCESSORIES INCLUDING REMOTE CONTROLLERS AND SOFTWARE, USED FOR PHOTOGRAPHY, SURVEILLANCE AND VIDEO/MOVIE PRODUCTION
This determination applies to taxpayers who own items of depreciable property of the kind listed in the tables below. This determination applies for the 2013-14 and subsequent income years.SUPREME COURT FOUND THAT PAYE TRUST CEASES UPON LIQUIDATION
The Supreme Court held that any s 167(1) trust ceases upon liquidation of a company if the employer has failed to deal with PAYE deducted in the manner required by s 167(1) of the Tax Administration Act 1994 ('TAA') or in accordance with the PAYE rules.INDEMNITY COSTS AWARDED TO THE COMMISSIONER
The Commissioner of Inland Revenue ('the Commissioner') was awarded indemnity costs on the basis that the taxpayers' claim was commenced for an ulterior purpose and fell within the 'hopeless case' category.UNSUCCESSFUL APPLICATION BY TRINITY INVESTORS TO THE SUPREME COURT FOR LEAVE TO APPEAL THREE PREVIOUS DECISIONS
All the applications for leave involved proceedings which, in one way or another, were sequels to the judgment of the Supreme Court in Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue [2008] NZSC 115, [2009] 2 NZLR 289. The Supreme Court dismissed all three leave applications finding no points of public and general importance in the proposed appeals and no appearance of any miscarriage of justice.LEAVE TO BRING EVIDENCE NOT GRANTED TO DISPUTANT
The disputant was denied leave to bring evidence alleging bad faith on the part of the Commissioner of Inland Revenue ('the Commissioner'). The Taxation Review Authority ('TRA') took into account s 89A of the Tax Administration Act 1994 ('TAA') and the disputant's conduct in these proceedings and found that it was not necessary to admit the disputant's evidence to avoid manifest injustice to the disputant.INCREASED COSTS AND DISBURSEMENTS AWARDED AGAINST COMMISSIONER
The Commissioner of Inland Revenue ('the Commissioner') was ordered to pay increased costs on the basis that the nature of the proceeding was such that the time required substantially exceeded the standard time allocations, and because the Commissioner's conduct was considered to have contributed unnecessarily to the time or expense of the proceeding.HIGH COURT BACKDATES CHARITY'S REGISTRATION AND CONFIRMS THAT THE TRANSITIONAL DEFINITION OF 'TAX CHARITY' DOES NOT APPLY ONCE A CHARITY IS REGISTERED
The High Court backdated the National Council of Women of New Zealand Incorporated's ('NCW') registration as a charity so that its registration was continuous. The NCW was, therefore, not liable for income tax during the period it was deregistered.