TIB index based from the NZ Tax Information Bulletin - kwister.net
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15:00:29
04 Apr 2025
15:00:29
04 Apr 2025
TIB index based from the NZ Tax Information Bulletin - kwister.net
BR Pub 18/06: Goods and services tax - payments made by parents to state and state integrated schools
GST is not chargeable on payments made by parents to the board of trustees of a state or state integrated school where the payments are made to assist the school with the cost of delivering education services which the student has a statutory entitlement to receive free of charge. GST is chargeable on payments made for supplies of other goods or services that are not integral to the supply of education to which the student has a statutory entitlement, where that supply is conditional on the payment being made. This Ruling is a reissue of BR Pub 14/06 which expired on 20 June 2018. It is substantially the same but some parts have been rewritten to improve readability, and legislative changes have been included. The Ruling refers to Circular 2018/01 Payments by parents of students in schools (Ministry of Education, 2018).IS 18/01: Taxation of trusts - income tax
This Interpretation Statement summarises the income tax law as it applies to trusts. It replaces and updates the Commissioners original statement on the trust rules in the 'Explanation of Trusts' in the Appendix to Tax Information Bulletin Vol 1, No 5 (November 1989) which was based on the Income Tax Act 1976. The Interpretation Statement sets out the Commissioners view on the application of the trust rules for income tax purposes having regard to the changes made since the 1989 TIB item and the current Income Tax Act 2007.OS 18/01: Commissioners statement on using a kilometre rate for business running of a motor vehicle
This statement replaces Operational Statement 09/01. Part one covers the deductions available for a person who uses their motor vehicle for both business and private purposes. Part two covers the tax treatment for reimbursement amounts paid to an employee for the use of their personal vehicle in their employer's business. The statement reflects the legislative change to subpart DE of the Income Tax Act 2007 and the introduction of a new two tier approach to the use of the kilometre rates. The kilometre rates for the 2017/2018 income year are also set out in this statement.OS 18/02: Non-disclosure right for tax advice documents
This operational statement sets out the process that the Commissioner will follow when issuing a notice to a taxpayer, tax advisor and/or a third party requiring the disclosure of documents, which may contain tax advice and may be subject to the right to claim non-disclosure under sections 20B to 20G of the Tax Administration Act 1994.QB 18/10: Income tax - state schools and donation tax credits
This 'Question we've been asked' (QWBA) explains when a parent's payment to a school will be a gift, so that the school can issue a donation tax receipt to the parent. A payment will be a gift when it is voluntary, does good for the school, and the parent obtains no material benefit or advantage in return for making the payment. The QWBA refers to Circular 2018/01 Payments by parents of students in schools (Ministry of Education, 2018).18/11: Income tax - state integrated schools and donation tax credits
This 'Question we've been asked' (QWBA) explains when a parents payment to a school will be a gift, so that the school can issue a donation tax receipt to the parent. A payment will be a gift when it is voluntary, does good for the school, and the parent obtains no material benefit or advantage in return for making the payment. The QWBA refers to Circular 2018/01 Payments by parents of students in schools (Ministry of Education, 2018).QB 18/12: Are war pensions paid under the Dutch ABVP Scheme exempt from tax?
This Question We have Been Asked confirms PIB 168-17 'War pensions - Section 61(10) Income Tax Act 1976', which stated that pensions under the Dutch (Benefit Act for Victims of Persecution 1940-1945) are tax exempt.QB 18/13: What is the tax treatment of allowances paid and benefits provided to farm workers?
This Question Weve Been Asked (QWBA) considers the income tax treatment of allowances or benefits paid or provided to employees in a farming context. It addresses a range of allowances sometimes paid in a farming context and sets out the Commissioners view on the extent to which they can be paid as exempt from tax. The QWBA withdraws and replaces several items previously published in Public Information Bulletins.Determination FDR 2018/02 - A type of attributing interest in a foreign investment fund for which a person may use the fair dividend rate method (Units in the Two Trees Global Macro Fund)
Any investment by a New Zealand resident investor in units in the Two Trees Global Macro Fund is a type of attributing interest for which the investor may use the Fair Dividend Rate method to calculate Foreign Investment Fund income from the interest.DEP 103: Tax depreciation rate for skin therapy machines
This determination inserts a new asset class for skin therapy machines into the 'Medical and Medical Laboratory' and 'Shops' industry categories, that applies for the 2017-18 and subsequent income years.Entitlement to tax sparing credits under the double tax agreement between New Zealand and China - leave to appeal to the Supreme Court was denied
The Applicant, Patty Tzu Chou Lin, sought leave to appeal a judgment of the Court of Appeal, Commissioner of Inland Revenue v Lin [2018] NZCA 38 (Harrison, Cooper and Asher JJ) ('CIR v Lin') to the Supreme Court. Leave was denied. CIR v Lin dealt with an issue of interpretation of the double tax agreement between New Zealand and the Peoples Republic of China (Double Taxation Relief (China) Order 1986).Dr Muirs application to set aside Bankruptcy Notice dismissed
The High Court entered summary judgment (recently upheld on appeal) against the Judgment Debtor (Dr Muir) in favour of the Commissioner for unpaid taxes, interest and penalties totalling $8,179,830.94 (Commissioner of Inland Revenue v Muir [2017] NZHC 1413 upheld on appeal, Muir v Commissioner of Inland Revenue [2018] NZCA 129). The Commissioner issued a bankruptcy notice against Dr Muir on the basis of the summary judgment. These proceedings related to Dr Muirs applications seeking to set aside the bankruptcy notice or adjournment of proceedings by virtue of the High Courts inherent jurisdiction. The High Court dismissed Dr Muirs applications and awarded costs to the Commissioner.