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29 Dec 2024

Viewing Volume 34 Issue 005



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Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022


GST Policy Issues -Taxation of cryptoassets


GST Policy Issues - ability to agree an apportionment method with Inland Revenue


GST Policy Issues - disposal of asset with taxable and non-taxable use


GST Policy Issues - Domestic transport services supplied as part of the international transport of goods


Other Policy Issues - COVID-19 information sharing – removal of time limit


Other Policy Issues - Offences relating to electronic sales suppression


Other Policy Issues - Local authority taxation – dividends and deductions


Other Policy Issues - Fair dividend rate foreign currency hedges


Other Policy Issues - Use of tax pooling to satisfy a backdated tax liability


Other Policy Issues - Overseas donee status


Interest limitation


BRIGHT-LINE TEST CHANGES


BRIGHT-LINE TEST CHANGES -5-year new build bright-line test


BRIGHT-LINE TEST CHANGES -Amendments to the bright-line test relating to main homes


BRIGHT-LINE TEST CHANGES - Rollover relief – bright-line test


BRIGHT-LINE TEST CHANGES - Amendment to definition of “dwelling”


BRIGHT-LINE TEST CHANGES - No reduction if the main home exclusion does not apply


GST REMEDIALS - Modernising information requirements for GST


GST REMEDIALS - Secondhand goods input tax credit – associated persons supplies


GST REMEDIALS - GST input tax recovery for non-resident business


GST REMEDIALS - Export of goods delivered to a recipient’s vessel in New Zealand


GST REMEDIALS - Ground leases paid via a unit title body corporate


GST REMEDIALS - GST B2B compulsory zero-rating of land rules


GST REMEDIALS - GST – deduction notices


GST REMEDIALS - GST groups


GST REMEDIALS - Non-statutory boards


GST REMEDIALS - More flexibility for changing end date for taxable periods


GST REMEDIALS - Challenge rights – assessing time-barred GST returns


GST REMEDIALS - Zero-rated supplies of going concerns


GST REMEDIALS - Switching off adjustment provisions after a wash-up calculation is performed


INCOME TAX REMEDIALS - Hybrid and branch mismatches – imported mismatch rule


INCOME TAX REMEDIALS - Early payment discount rate change


INCOME TAX REMEDIALS - Restricted transfer pricing remedials


INCOME TAX REMEDIALS - Depreciation cost base integrity measure


INCOME TAX REMEDIALS - Foreign currency loans that finance residential rental property in a foreign jurisdiction


INCOME TAX REMEDIALS - Fringe benefit tax – unclassified benefits paid by associates


INCOME TAX REMEDIALS - Election day worker tax code


INCOME TAX REMEDIALS - Approved issuer levy and security trusts


INCOME TAX REMEDIALS - Electing into the securitisation regime


INCOME TAX REMEDIALS - Tax pooling and early payment discount settings


INCOME TAX REMEDIALS - Custodial institutions: definition of end investor


INCOME TAX REMEDIALS - Corporate spin-outs and shareholding continuity


INCOME TAX REMEDIALS - Share-for-share exchanges and available capital distribution amount


INCOME TAX REMEDIALS - Debt remission within an economic group


INCOME TAX REMEDIALS - Employer superannuation contribution tax on contributions for past employees


INCOME TAX REMEDIALS - Definition of decommissioning in the petroleum mining regime


INCOME TAX REMEDIALS - Ability to refund ancillary taxes


INCOME TAX REMEDIALS - Amending memorandum accounts when making transfer from previous years


INCOME TAX REMEDIALS - Business continuity test


INCOME TAX REMEDIALS - FBT – pooled alternate rate option


INCOME TAX REMEDIALS - Racing entities income tax exemption


INCOME TAX REMEDIALS - Depreciation treatment of grandparented structures


INCOME TAX REMEDIALS - Alignment of ICA provisions relating to tax pooling


INCOME TAX REMEDIALS - Income equalisation reserve and environmental restoration fund accounts


INCOME TAX REMEDIALS - Income tax treatment of voluntarily cancelled emissions units


OTHER REMEDIALS - Extending use of money interest relief during COVID-19


OTHER REMEDIALS - Use of money interest relief during emergency events


OTHER REMEDIALS - Aligning filing and payment dates for six-monthly payers of investment income information


OTHER REMEDIALS - Non-active estates return filing


OTHER REMEDIALS - Repeal of the information-sharing clause for the Registrar of Companies by Order in Council


OTHER REMEDIALS - Commissioner’s remedial powers – disputable decisions


OTHER REMEDIALS - Challenge notices – whether required after amended assessment issued


OTHER REMEDIALS - Removing fax as a mode of communication


OTHER REMEDIALS - R&D tax incentive – extension of due dates


OTHER REMEDIALS - R&D tax incentive – tax year cut-off for claiming supporting activities


OTHER REMEDIALS - R&D tax incentive – transition support payment


OTHER REMEDIALS - Administrative Amendments to the Child Support Act 1991


OTHER REMEDIALS - Removal of the power to repeal the Serious Fraud Office information-sharing clause


OTHER REMEDIALS - Clarifying the definitions of "sensitive revenue information" and "revenue information"


OTHER REMEDIALS - Repeal of transitional co-existence provisions


OTHER REMEDIALS - Amending and later repealing the definition of "START tax type"


OTHER REMEDIALS - Preventing circularity of KiwiSaver employer contributions


OTHER REMEDIALS - ACC and KiwiSaver being made subject to a time bar


OTHER REMEDIALS - Penalty for failure to keep taxpayer information confidential


OTHER REMEDIALS - Back-dated validation of enrolment of certain KiwiSaver members


OTHER REMEDIALS - Small Business Cashflow (Loan) Scheme and COVID-19 Support Payments Scheme


OTHER REMEDIALS - Domestic trust disclosure rules


OTHER REMEDIALS - Provisional tax – safe harbour concession


OTHER REMEDIALS - Regular collection of bulk data


OTHER REMEDIALS - Definition of "reportable income"


OTHER REMEDIALS - Government guarantee of pre-2020 KiwiSaver employer contributions


MAINTENANCE ITEMS

BINDING RULINGS


BR Pub 22/01: Income tax – Australian source income earned by Australian limited partnership and foreign tax credits


BR Pub 22/02: Income tax – distributions made by Australian limited partnership and foreign tax credits


BR Pub 22/03: Income tax – distributions made by Australian unit trust to Australian limited partnership and foreign tax credits

This ruling is on ss BH 1 and HG 2, subpart LJ and articles 1(2) and 23(3) of the Schedule to the Double Taxation Relief (Australia) Order 2010 (the Australia and New Zealand Double Tax Agreement), as modified by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting.

Categories:  australian-unit-trust,   overseas,   unit-trust  
Vol:2022-34 Issue:005_(344)

BR Pub 22/04: Income tax – franked dividend received by Australian limited partnership and foreign tax credits

All legislative references are to the Income Tax Act 2007 unless otherwise stated. This ruling is on ss BH 1 and HG 2, subpart LJ and articles 1(2) and 23(3) of the Schedule to the Double Taxation Relief (Australia) Order 2010 (the Australia and New Zealand Double Tax Agreement), as modified by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting

Categories:  dividend-franked,   foreign-tax-credit-(ftc),   limited-partnership-australia,   overseas-entity  
Vol:2022-34 Issue:005_(348)

BR Pub 22/05: Income tax – tax paid by an Australian limited partnership as a "head company" and foreign tax credits

This ruling is on ss BH 1 and HG 2, subpart LJ and articles 1(2) and 23(3) of the Schedule to the Double Taxation Relief (Australia) Order 2010 (the Australia and New Zealand Double Tax Agreement), as modified by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting.

Categories:  foreign-tax-credit-(ftc),   limited-partnership-australia,   overseas-entity  
Vol:2022-34 Issue:005_(352)

Commentary on Public Rulings BR Pub 22/01 – 22/05

LEGISLATION AND DETERMINATIONS


COV 22/17: Variation in relation to ss HM 25(3)(a) and HM 72(2)(b) of the Income Tax Act 2007 (PIE exit rules)

The Commissioner of Inland Revenue has, under the discretion provided under section 6I of the Tax Administration Act 1994, made the following statutory variation: For the purposes of meeting the requirements of ss HM 14 and/or HM 15, the time period specified in s HM 25(3)(a) of "6 months plus one day" is extended to "12 months"

Categories:  covid19  
Vol:2022-34 Issue:005_(360)

CFC 2022/01: Non-attributing active insurance CFC status Tower Limited

A person has no attributed CFC income or loss from a CFC under sections CQ 2 and DN 2 of the Income Tax Act 2007 if the CFC is a non-attributing active CFC under section EX 21B of the Income Tax Act 2007 because the requirements of sections CQ 2(1) (h) and DN 2(1)(h) are not satisfied.

Categories:  cfc-income-attributed,   cfc-loss  
Vol:2022-34 Issue:005_(364)

CFC 2022/02: Non-attributing active insurance CFC status Tower Limited

A person has no attributed CFC income or loss from a CFC under sections CQ 2 and DN 2 of the Income Tax Act 2007 if the CFC is a non-attributing active CFC under section EX 21B of the Income Tax Act 2007 because the requirements of sections CQ 2(1) (h) and DN 2(1)(h) are not satisfied.

Categories:  cfc-income-attributed,   cfc-loss  
Vol:2022-34 Issue:005_(368)

2022 Consumers Price Index Adjustment to standard-cost amounts for household services (childcare, boarding services, or short-stay accommodation)

In accordance with Section 91AA of the Tax Administration Act 1994, the Commissioner advises adjustments have been made to the standard-cost amounts for the 2022 income year (1 April 2021 to 31 March 2022), as follows:

Categories:  accomodation-short-stay,   boarding-service-provider,   childcare,   consumer-price-index  
Vol:2022-34 Issue:005_(372)

OPERATIONAL STATEMENT


OS 19/03 (CPI 2022): CPI adjustment to Operational Statement OS 19/03

2022 Adjustment to the Square Metre Rate amount. In accordance with Section DB 18AA of the Income Tax Act 2007, the Commissioner advises that the square metre rate for the 2022 income year (1 April 2021 to 31 March 2022) is set at $47.85

Categories:  square-metre-rate  
Vol:2022-34 Issue:005_(376)

INTERPRETATION STATEMENT


IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  covid19,   deductibility,   income-deductibility-of-costs  
Vol:2022-34 Issue:005_(380)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Whether the cost has a relationship with the way the business earns its income

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  covid19,   deductibility,   income-earning-activity  
Vol:2022-34 Issue:005_(384)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - General deductibility principles for costs incurred by a business

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  business-costs,   costs,   covid19,   deductibility  
Vol:2022-34 Issue:005_(388)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Whether any limitations to deductibility apply

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  business-costs,   costs,   covid19,   deductibility  
Vol:2022-34 Issue:005_(392)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Deductibility of specific types of costs

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  business-costs,   costs,   covid19,   deductibility  
Vol:2022-34 Issue:005_(396)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Costs for relocating employees, paying retainers or providing accommodation

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  accommodation,   business-costs,   costs,   covid19,   employees-relocating,   employees-retaining  
Vol:2022-34 Issue:005_(400)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Contract and legal costs

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  contracts,   costs,   covid19,   deductibility,   legal-costs  
Vol:2022-34 Issue:005_(404)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Assets and equipment

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  asset,   costs,   covid19,   deductibility,   equipment  
Vol:2022-34 Issue:005_(408)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Repairs and maintenance expenditure

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  business-costs,   costs,   covid19,   repairs-and-maintenance  
Vol:2022-34 Issue:005_(412)

IS 22/01: Income Tax – deductibility of costs incurred due to COVID-19 - Premises expenses

The COVID-19 pandemic has caused significant disruption to businesses. Many businesses have had to incur additional costs (that might be described as unusual or abnormal) due to the pandemic. In addition, businesses may be incurring depreciation loss or other holding costs on assets that they cannot use because of COVID-19 restrictions or temporary downsizing.

Categories:  business-costs,   costs,   covid19,   expenses-premises  
Vol:2022-34 Issue:005_(416)

IS 22/02: GST and finance leases

This interpretation statement explains how to classify finance leases for the purposes of the time of supply and value of supply rules. It also explains how to account for GST on finance leases when applying any "special" time and value of supply rules.

Categories:  financial-lease,   goods-and-services-tax,   supply-time-of,   supply-value  
Vol:2022-34 Issue:005_(420)

IS 22/02: GST and finance leases - Classifying finance leases – time of supply

This interpretation statement explains how to classify finance leases for the purposes of the time of supply and value of supply rules. It also explains how to account for GST on finance leases when applying any "special" time and value of supply rules.

Categories:  financial-lease,   goods-and-services-tax,   supply-time-of  
Vol:2022-34 Issue:005_(424)

IS 22/02: GST and finance leases - Classifying finance leases – Agreements with options to purchase

This interpretation statement explains how to classify finance leases for the purposes of the time of supply and value of supply rules. It also explains how to account for GST on finance leases when applying any "special" time and value of supply rules.

Categories:  financial-lease,   goods-and-services-tax,   purchase-option  
Vol:2022-34 Issue:005_(428)

IS 22/02: GST and finance leases - Agreements to purchase goods by instalment payments

This interpretation statement explains how to classify finance leases for the purposes of the time of supply and value of supply rules. It also explains how to account for GST on finance leases when applying any "special" time and value of supply rules.

Categories:  financial-lease,   goods,   goods-and-services-tax,   instalment-arrangement  
Vol:2022-34 Issue:005_(432)

IS 22/02: GST and finance leases - When finance leases are agreements to hire

This interpretation statement explains how to classify finance leases for the purposes of the time of supply and value of supply rules. It also explains how to account for GST on finance leases when applying any "special" time and value of supply rules.

Categories:  financial-lease,   goods-and-services-tax,   hire-equipment  
Vol:2022-34 Issue:005_(436)

IS 22/02: GST and finance leases - When finance leases are third category agreements

This interpretation statement explains how to classify finance leases for the purposes of the time of supply and value of supply rules. It also explains how to account for GST on finance leases when applying any "special" time and value of supply rules.

Categories:  financial-lease,   goods-and-services-tax  
Vol:2022-34 Issue:005_(440)

Classifying finance leases – value of supply

. Section 10 determines the value of any supply. The general rule is that the value of a supply is the GST-exclusive consideration paid for it. However, under s 10(5) and (5A)–(5C) there is an exception to this general rule for supplies made under a credit contract:

Categories:  financial-lease,   goods-and-services-tax-exempt,   supply-value  
Vol:2022-34 Issue:005_(444)

Classifying finance leases – value of supply - Finance leases that are credit contracts

Section 10 determines the value of any supply. The general rule is that the value of a supply is the GST-exclusive consideration paid for it. However, under s 10(5) and (5A)–(5C) there is an exception to this general rule for supplies made under a credit contract:

Categories:  credit-contract,   financial-lease,   supply-value  
Vol:2022-34 Issue:005_(448)

Accounting for GST on finance leases

Having classified finance leases for time of supply purposes and determined whether they are credit contracts for value of supply purposes, it is then necessary to determine how to account for GST on finance leases

Categories:  financial-lease,   goods-and-services-tax  
Vol:2022-34 Issue:005_(452)

Accounting for GST on finance leases - Hire purchase agreements

Having classified finance leases for time of supply purposes and determined whether they are credit contracts for value of supply purposes, it is then necessary to determine how to account for GST on finance leases

Categories:  financial-lease,   goods-and-services-tax,   hire-purchase  
Vol:2022-34 Issue:005_(456)

Agency issues on selling goods

Issues have arisen about the GST consequences of supplies when a lessee sells the goods as agent for a lessor at the end of finance leases. This situation can be further complicated where residual value clauses exist.

Categories:  agent,   financial-lease,   goods,   goods-and-services-tax-supplies,   lessee,   lessor  
Vol:2022-34 Issue:005_(460)

Agency issues on selling goods - Alternative approach if treated as separate supplies

Issues have arisen about the GST consequences of supplies when a lessee sells the goods as agent for a lessor at the end of finance leases. This situation can be further complicated where residual value clauses exist.

Categories:  agent,   goods,   supplies,   third-party  
Vol:2022-34 Issue:005_(464)

QUESTION WE HAVE BEEN ASKED


QB 22/02: Donations - what is required to establish and maintain a "public fund" under s LD 3(2)(d) of the Income Tax Act 2007?

What is required to establish and maintain a "public fund" under s LD 3(2)(d) of the Income Tax Act 2007?

Categories:  donation,   public-fund  
Vol:2022-34 Issue:005_(468)

TECHNICAL DECISION SUMMARIES


TDS 22/06: GST input tax deductions, income tax deductions, understated income, shortfall penalties

The Taxpayer is a company that provides business advisory and consultancy services. The Taxpayer argued that it and its sole director and shareholder (the Director) were also directors of Company A which is part of a company group. Company A was placed into voluntary liquidation during the income tax period under dispute.

Categories:  goods-and-services-tax,   goods-and-services-tax-input-tax-deductions,   income-tax-deductions,   shortfall-penalty,   understated-income  
Vol:2022-34 Issue:005_(472)

TDS 22/06: GST input tax deductions, income tax deductions, understated income, shortfall penalties - Shortfall penalty for gross carelessness

The Taxpayer is a company that provides business advisory and consultancy services. The Taxpayer argued that it and its sole director and shareholder (the Director) were also directors of Company A which is part of a company group. Company A was placed into voluntary liquidation during the income tax period under dispute.

Categories:  gross-carelessness,   shortfall-penalty  
Vol:2022-34 Issue:005_(476)

TDS 22/06: GST input tax deductions, income tax deductions, understated income, shortfall penalties - Shortfall penalty for not taking reasonable care

The Taxpayer is a company that provides business advisory and consultancy services. The Taxpayer argued that it and its sole director and shareholder (the Director) were also directors of Company A which is part of a company group. Company A was placed into voluntary liquidation during the income tax period under dispute.

Categories:  reasonable-care,   shortfall-penalty  
Vol:2022-34 Issue:005_(480)

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