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TIB index based from the NZ Tax Information Bulletin - kwister.net

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29 Dec 2024

Viewing Volume 27 Issue 004



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Issues: 001  002  003  004  005  006  007  008  009  010  011 

Product ruling BR Prd 15/01: Chorus Limited

The Arrangement is the establishment of a long-term incentive plan for senior executives of Chorus New Zealand Limited. Under the plan, amounts will be lent to the executives to enable them to acquire shares in Chorus Limited. The shares will be held on trust during a restrictive period, and will vest at the end of the restrictive period subject to certain performance criteria being satisfied. This ruling sets out the taxation consequences for the senior executives

Categories:  binding-ruling,   shares  
Vol:2015-27 Issue:004_(004)

General depreciation determination DEP91: Gas detectors - hand-held and fixed

The Commissioner has set general depreciation rates for gas detectors that are battery operated hand-held types or wired/fixed to plant and machinery.

Categories:  asset-gas-detectors,   depreciation  
Vol:2015-27 Issue:004_(008)

General depreciation determination DEP92: Wool/shearing sheds

The Commissioner has set a specific general depreciation rate for wool/shearing sheds by adding a new asset class to the 'Agricultural, horticulture and aquaculture' industry category and the 'Buildings and structures' asset category.

Categories:  depreciation  
Vol:2015-27 Issue:004_(012)

Provisional depreciation determination PROV26: Hydroelectric powerhouses

Determination PROV26 sets a depreciation rate for hydroelectric powerhouses by adding a new asset class to the 'Power generation and electrical reticulation' industry category.

Categories:  asset-hydroelectric-powerhouses,   depreciation  
Vol:2015-27 Issue:004_(016)

Foreign currency amounts - conversion to New Zealand dollars (for the 12 months ending 31 March 2015)

This article provides the exchange rates acceptable to Inland Revenue for converting foreign currency amounts to New Zealand dollars under the controlled foreign company and foreign investment fund rules for the 12 months ending 31 March 2015.

Categories:  controlled-foreign-company-(cfc),   currency,   foreign-currency,   foreign-investment-fund-(fif)  
Vol:2015-27 Issue:004_(020)

QB 15/02: Income tax - Major development or division - What is 'significant expenditure' for section CB 13 purposes?

This QWBA deals with what expenditure is relevant for s CB 13 purposes, and when such expenditure will be regarded as 'significant'. The Commissioner has published an operational position in relation to this QWBA.

Categories:  define-significant-expenditure,   expenses,   land-subdivision  
Vol:2015-27 Issue:004_(024)

Commissioner's operational position on what is 'significant expenditure' for section CB 13 purposes

This statement sets out the Commissioner's operational position on the inclusion of expenditure on non-physical development work for s CB 13 purposes.

Categories:  define-significant-expenditure,   expenses,   land-subdivision  
Vol:2015-27 Issue:004_(028)

QB 15/03: Income tax - Changing to a different depreciation rate for an item of depreciable property

This QWBA considers the circumstances in which a taxpayer is required to change the depreciation rate they are using for an item of depreciable property. The QWBA explains those circumstances and provides examples showing how these circumstances might arise in practice. The QWBA does not address the issue of how to identify an item of depreciable property.

Categories:  depreciation,   depreciation-rate,   property  
Vol:2015-27 Issue:004_(032)

QB 15/04: Income tax - Whether it is possible that the disposal of land that is part of an undertaking or scheme involving development or division will not give rise to income, even if no exclusion applies

This QWBA considers whether it is possible that the disposal of land that is part of an undertaking or scheme involving development or division will not give rise to income under s CB 12 or s CB 13, even if none of the statutory exclusions apply.

Categories:  depreciation,   disposal,   property  
Vol:2015-27 Issue:004_(036)

Order in Council Use-of-money interest rates change

The use-of-money interest rates on underpayments and overpayments of taxes and duties have changed, in line with market interest rates.

Categories:  interest-(uomi),   rates,   tax-act  
Vol:2015-27 Issue:004_(040)

Changes to format of Inland Revenue legislation

The Parliamentary Counsel Office (PCO) has made a number of changes to the format of legislation and to the New Zealand Legislation website.


Interpretation of section 113: The Commissioner's ability to correct assessments

The Commissioner of Inland Revenue's ('the Commissioner') ability to exercise her discretion in s 113 of the Tax Administration Act 1994 is not limited to amendments made to correct an assessment previously in error. Section 113 can also be applied to amend an assessment that is not incorrect and substitute another more appropriate assessment. Also, the Court held that the fact that an election made by the taxpayer was irrevocable did not limit the Commissioner's ability to exercise s 113.

Categories:  amendment,   assessment  
Vol:2015-27 Issue:004_(048)

Advisory fees facilitate inbound tour operations and attract GST at the standard rate

This was an appeal from the decision of the Taxation Review Authority that found advisory services supplied by the appellant to overseas operators were chargeable with tax at the standard rate under s 8(1) of the Goods and Services Tax Act 1985. The appeal was dismissed.

Categories:  advisory-fee,   fee,   tour-operator  
Vol:2015-27 Issue:004_(052)

No jurisdiction to determine proceeding where disputes procedure not completed

This was a decision of the Taxation Review Authority ('TRA') striking out the disputant's Notice of Claim on the grounds that the disputes procedure under Part 4A of the Tax Administration Act 1994 had not been completed. Therefore, the TRA lacked jurisdiction to hear and determine the proceeding.

Categories:  disputes-process,   notice-notice-of-claim  
Vol:2015-27 Issue:004_(056)

Court of Appeal upholds High Court's decision granting Commissioner's transfer application

The Court of Appeal upheld the High Court's decision granting the Commissioner of Inland Revenue's application to transfer the challenge proceeding filed by Kensington Developments Limited's (in receivership) in the Taxation Review Authority to the High Court.

Categories:  transfer  
Vol:2015-27 Issue:004_(060)

Commissioner successful in associating two companies under section 2a(1) of the Goods and Services Tax Act 1985

The Taxation Review Authority ('TRA') held that the disputant and the vendor in a secondhand property transaction were associated persons under s 2A(1)(a)(i) of the Goods and Services Tax Act 1985. In the alternative, the TRA found the disputant had entered into a tax avoidance arrangement that was void as against the Commissioner of Inland Revenue under s 76.

Categories:  goods-and-services-tax,   property  
Vol:2015-27 Issue:004_(064)

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