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

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04 Apr 2025

Viewing Volume 27 Issue 005



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

PUBLIC RULING BR PUB 15/04: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A PARTNERSHIP TO RETURN CAPITAL CONTRIBUTIONS TO A PARTNER

This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).

Categories:  binding-ruling,   borrow,   capital-contribution,   funds,   interest-deductability,   partnership  
Vol:2015-27 Issue:005_(004)

PUBLIC RULING BR PUB 15/05: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A PARTNERSHIP TO RETURN PAST YEARS' PROFITS TO A PARTNER

This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle)

Categories:  binding-ruling,   borrow,   capital-contribution,   funds,   interest-deductability,   partnership,   profit  
Vol:2015-27 Issue:005_(008)

PUBLIC RULING BR PUB 15/06: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A COMPANY TO REPURCHASE SHARES

This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).

Categories:  binding-ruling,   borrow,   funds,   shares  
Vol:2015-27 Issue:005_(012)

PUBLIC RULING BR PUB 15/07: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A COMPANY TO PAY DIVIDENDS

This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).

Categories:  binding-ruling,   borrow,   dividends,   funds  
Vol:2015-27 Issue:005_(016)

PUBLIC RULING BR PUB 15/08: INTEREST DEDUCTIBILITY - FUNDS BORROWED TO REPAY DEBT

This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).

Categories:  binding-ruling,   borrow,   debt,   funds  
Vol:2015-27 Issue:005_(020)

PUBLIC RULING BR PUB 15/09: INTEREST DEDUCTIBILITY - FUNDS BORROWED TO MAKE A PAYMENT TO A GROUP COMPANY UNDER SECTION IC 5

The Arrangement is the borrowing of funds by a company to make a payment under s IC 5 (Company B using Company A's tax loss) to another company that has a net loss. Interest is incurred on the borrowed funds and the company is unable to claim a deduction under s DB 7 (Interest: most companies need no nexus with income).

Categories:  arrangement,   borrow,   company,   interest,   loss  
Vol:2015-27 Issue:005_(024)

ORDER IN COUNCIL PRIVACY (INFORMATION SHARING AGREEMENT BETWEEN INLAND REVENUE AND NEW ZEALAND POLICE) AMENDMENT ORDER 2015

The Privacy (Information Sharing Agreement Between Inland Revenue and New Zealand Police) Amendment Order 2015 amends an existing information sharing agreement between Inland Revenue and the New Zealand Police. Under the agreement, Inland Revenue can share personal information with the New Zealand Police for the prevention, detection, investigation of, or to use as evidence of, a serious crime

Categories:  evidence,   information-sharing,   police  
Vol:2015-27 Issue:005_(028)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015

The new legislation allows eligible KiwiSaver members to withdraw their member tax credits when purchasing a new home, and corrects errors in the tax, social policy and KiwiSaver treatment of income replacement payments paid under the Veterans' Support Act 2014

Categories:  kiwisaver,   legislation,   veterans-support-act  
Vol:2015-27 Issue:005_(032)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - WITHDRAWAL OF MEMBER TAX CREDITS FOR FIRST HOMES

The principal measure allows eligible KiwiSaver members who are withdrawing their funds to purchase their first home to withdraw their member tax credits as well.

Categories:  first-home,   kiwisaver,   legislation,   withdrawal  
Vol:2015-27 Issue:005_(036)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - KIWISAVER WITHDRAWALS FOR FIRST HOME BUYERS

The KiwiSaver Act 2006 has been amended so a KiwiSaver first home withdrawal amount can be used to make payments before the purchase agreement on a new home goes unconditional (to pay a deposit, for example).

Categories:  first-home,   kiwisaver,   legislation,   unconditional,   withdrawal  
Vol:2015-27 Issue:005_(040)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - FIRST HOME WITHDRAWAL ONLY AVAILABLE FOR NEW ZEALAND HOMES

The first home withdrawal rules were previously silent on where a house could be bought. The only New Zealand based restriction was a requirement that a member's funds were paid to a practitioner who holds a New Zealand practising certificate. The new rules make it clear that the withdrawal can only be made for the purchase of an estate in land located in New Zealand.

Categories:  first-home,   kiwisaver,   legislation,   withdrawal  
Vol:2015-27 Issue:005_(044)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - FIRST HOME WITHDRAWAL AVAILABLE FOR HOMES ON MAORI LAND

Changes have been made to make it clear that a first home withdrawal under the KiwiSaver member rules is available to purchase or build a home on Maori land.

Categories:  first-home,   kiwisaver,   legislation,   withdrawal  
Vol:2015-27 Issue:005_(048)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - COMPLYING SUPERANNUATION FUND MEMBERSHIP

The previous first home withdrawal rules included an eligibility period of at least three years in one or more KiwiSaver schemes. The rules have been extended to recognise previous membership in any complying superannuation fund of three years or more as counting towards the three years eligibility period for a first home withdrawal.

Categories:  first-home,   kiwisaver,   legislation,   superannuation-fund,   withdrawal  
Vol:2015-27 Issue:005_(052)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - TRANS-TASMAN PORTABILITY ARRANGEMENTS

New rules that apply to trans-Tasman portability of savings make it clear that they apply only to the ability to withdraw funds upon permanent emigration and are not an exception to the other KiwiSaver early withdrawal provisions.

Categories:  first-home,   kiwisaver,   legislation,   trans-tasman,   withdrawal  
Vol:2015-27 Issue:005_(056)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - PROTECTION FROM NON COMPLIANCE

The Taxation (KiwiSaver HomeStart and Remedial Matters) Act 2015 made changes to the KiwiSaver Act 2006 on 1 April 2015. Section 239 ensures that KiwiSaver providers are not at risk of being in breach of securities law for documents that had already been issued or issued before 1 June 2015.

Categories:  kiwisaver,   kiwisaver-provider,   legislation,   withdrawal  
Vol:2015-27 Issue:005_(060)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - VETERAN INCOME REPLACEMENT PAYMENTS

The new Act introduces amendments to the Income Tax Act 2007 and the KiwiSaver Act 2006 that correct the tax, social policy and KiwiSaver treatment of income replacement payments paid under the Veterans' Support Act 2014. The corrections ensure the payments are treated the same as ACC earnings-related 'weekly compensation' payments for tax, social policy and KiwiSaver purposes.

Categories:  acc-weekly-compensation,   income-replacement-payment,   kiwisaver,   legislation,   veteran,   withdrawal  
Vol:2015-27 Issue:005_(064)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - TAX TREATMENT OF INCOME REPLACEMENT PAYMENTS

Amendments have been made to sections CF 1 and CW 28 of the Income Tax Act 2007 to ensure veteran income replacement payments are treated as taxable income.

Categories:  income-replacement-payment,   taxable-income  
Vol:2015-27 Issue:005_(068)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - PAYE AND KIWISAVER TREATMENT OF INCOME REPLACEMENT PAYMENTS

Amendments have been made to section RD 5 of the Income Tax Act 2007 to ensure veteran income replacement payments are subject to PAYE, and KiwiSaver deductions can be made from the payments.

Categories:  income-replacement-payment,   kiwisaver,   paye-as-you-earn-(paye),   taxable-income  
Vol:2015-27 Issue:005_(072)

TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - CRITERIA FOR EARNINGS-RELATED WORKING FOR FAMILIES TAX CREDITS

An amendment has been made to section MA 7 of the Income Tax Act 2007 to ensure the surviving spouse or partner of a deceased veteran can continue to claim the deceased veteran's full-time earner-related Working for Families tax credits.

Categories:  kiwisaver,   veteran-surviving-spouse,   wfftc  
Vol:2015-27 Issue:005_(076)

CPI ADJUSTMENT 15/01 FOR DETERMINATION DET 09/02: STANDARD COST HOUSEHOLD SERVICE FOR CHILDCARE PROVIDERS

Categories:  childcare,   standard-cost  
Vol:2015-27 Issue:005_(080)

CPI ADJUSTMENT 15/02 FOR DETERMINATION DET 05/03: STANDARD COST HOUSEHOLD SERVICE FOR BOARDING SERVICE PROVIDERS

Categories:  boarding-service-provider,   cpi-consumers-price-index,   standard-cost  
Vol:2015-27 Issue:005_(084)

SPECIAL DETERMINATION S35: VALUATION OF SHARES ISSUED BY BANK FOLLOWING A CONVERSION EVENT

This determination relates to a funding transaction involving the issue of Notes by Bank to Issuer. The Notes will contain a conversion mechanism, in order to allow them to be recognised as Additional Tier 1 capital for the purposes of the Reserve Bank of New Zealand (RBNZ) framework relating to the capital adequacy of banks.

Categories:  banks,   shares  
Vol:2015-27 Issue:005_(088)

NATIONAL AVERAGE MARKET VALUES OF SPECIFIED LIVESTOCK DETERMINATION 2015

This determination may be cited as 'The National Average Market Values of Specified Livestock Determination, 2015'. This determination is made in terms of section EC 15 of the Income Tax Act 2007 and shall apply to specified livestock on hand at the end of the 2014-2015 income year

Categories:  livestock,   national-average-market-value,   year-2015  
Vol:2015-27 Issue:005_(092)

DISPUTANT'S APPLICATION FOR FILING CHALLENGE OUT OF TIME DECLINED

This is a decision of the Taxation Review Authority ('TRA') declining the disputant's application for an extension of time for filing challenge proceedings in relation to default assessments made by the Commissioner of Inland Revenue ('the Commissioner').

Categories:  extension-of-time,   legal  
Vol:2015-27 Issue:005_(096)

HIGH COURT STRIKES OUT JUDICIAL REVIEW, FINDING IT TO BE AN ABUSE OF PROCESS

The High Court struck out John George Russell's ('Mr Russell') application for judicial review of the Commissioner of Inland Revenue's ('the Commissioner') decision declining his payment proposals

Categories:  abuse-of-process,   legal,   russell-jg,   strike-out  
Vol:2015-27 Issue:005_(100)

TRA CONSIDERS IT HAS NO JURISDICTION TO CONSIDER GST PERIODS

Categories:  goods-and-services-tax,   tax-periods  
Vol:2015-27 Issue:005_(104)

NOTICE OF DEFENCE NOT NECESSARY WHEN FILING AN APPLICATION TO STRIKE OUT

Categories:  jurisdiction-protest,   notice-of-defence,   strike-out-application  
Vol:2015-27 Issue:005_(108)

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