TIB index based from the NZ Tax Information Bulletin - kwister.net
Current Time (NZ)
03:11:48
29 Dec 2024
03:11:48
29 Dec 2024
TIB index based from the NZ Tax Information Bulletin - kwister.net
PRODUCT RULING BR PRD 14/08: BODY CORPORATE 358851
Categories: arrangement, binding-ruling, body-corporateSPS 14/01: TAX PAYMENTS – WHEN RECEIVED IN TIME
Categories: cheque, eftpos-(payment), electronic-payment, payment, received-in-time, tax-poolingSPECIAL DETERMINATION S27: CONVERTIBLE NOTES IN RESPECT OF A LIMITED PARTNERSHIP INTEREST
This determination relates to the subordinated convertible notes (Convertible Notes) issued by the Holding Partnership to Limited Partner A which will convert to a 45% partnership interest at a single or several nominated dates in the future to match the partnership contributions by Limited Partner B and some of the partnership contributions by Limited Partner C.SPECIAL DETERMINATION S28: APPLICATION OF THE FINANCIAL ARRANGEMENTS RULES TO THE D&C PHASE IN A PUBLIC-PRIVATE PARTNERSHIP
This determination relates to an arrangement (the Project) involving the finance, design, construction and on-going provision of operation and maintenance services in respect of the Facility by a limited partnership (the Partnership) under a public-private partnership agreement (the Project Agreement) with the Crown.SPECIAL DETERMINATION S29: APPLICATION OF THE FINANCIAL ARRANGEMENTS RULES TO A PUBLIC-PRIVATE PARTNERSHIP
This determination relates to an arrangement (the Project) involving the finance, design, construction and on-going provision of operation and maintenance services in respect of the Facility by a limited partnership (the Partnership) under a public-private partnership agreement (the Project Agreement) with the Crown.GENERAL DEPRECIATION DETERMINATION DEP89: BENCH-TOP PIZZA OVENS AND MICROWAVE OVENS (COMMERCIAL)
The Commissioner has set general depreciation rates for bench-top pizza ovens and microwave ovens (commercial) by adding new asset classes to the 'Hotels, motels, restaurants, cafes, taverns and takeaway bars' and 'Shops' industry categories.QB 14/07: TAX ADMINISTRATION ACT 1994 PROSCRIBED QUESTIONS
We have been asked whether the Commissioner may include a statement relating to a 'proscribed question' in a private or product rulingQB 14/08: INCOME TAX - COSTS OF DEMOLISHING AN EXISTING BUILDING ON A BUILDING SITE
This Question We've Been Asked is about ss DA 1, DA 2, EE 6, EE 7, EE 31(2), EE 31(3), EE 44, EE 45(1), EE 45(2), EE 48, EE 61(3B) and YA 1, definition of 'dispose', para (f). This item applies where the building demolished and the replacement building are used in deriving assessable or excluded income, or in the course of carrying on a business to derive such income, but not where either building is a revenue account asset.SUFFICIENT CONNECTION - SECTION DA 1 OF THE INCOME TAX ACT 2004
The Commissioner of Inland Revenue ('the Commissioner') disallowed interest deductions claimed by the appellant, Ean Innes Brown, in the 2005 to 2007 income tax years. The Taxation Review Authority ('TRA') and now the High Court have upheld the Commissioner's assessments disallowing the interest deductions due to there being an insufficient connection between the deductions and the appellant's income-earning process.NEXUS - SECTION DA 1 OF THE INCOME TAX ACT 2004
The Commissioner of Inland Revenue ('the Commissioner') disallowed interest deductions claimed by the appellant, P L Brown Farms Limited, in the 2006 and 2007 income tax years. The Taxation Review Authority ('TRA') and now the High Court have upheld the Commissioner's assessments disallowing the interest deductions due to there being an insufficient connection between the deductions and the appellant's income-earning process.DUPLICATIVE CLAIMS STRUCK OUT, SECURITY FOR COSTS ORDERED
The Commissioner of Inland Revenue ('the Commissioner') successfully had a new cause of action struck out of the pleading because it was duplicative of other proceedings and an abuse of process. The Forest Trust was ordered to pay security for costs, as it had provided no evidence that it would be able to satisfy a costs order should it prove unsuccessful on its claims.INCOME - ONUS ON DISPUTANT
The disputant claimed that apart from wages and interest earned in 2000 and 2001, he had not earned any money since 1988. The disputant gave evidence of having received inheritances and money from friends and family so that he could spend his time on charitable work. He also gave evidence of having withdrawn money from his various banks accounts and deposited it in his Global Plus accounts.NO INVOICE WHERE CONTRACT CONDITIONAL
The vendors of subdivided lots ('the Trust') issued documents headed 'GST Tax Invoice' before the agreements for sale and purchase of those lots became unconditional. The Taxation Review Authority ('TRA') held that an invoice required a debt due, which occurred only when the vendor had completed all steps necessary to demand payment.PRIVILEGE FOR IN-HOUSE LEGAL ADVICE NOT WAIVED
The High Court dismissed the application. The Court found that advice provided to the Commissioner of Inland Revenue ('the Commissioner') by an in-house lawyer was privileged. Privilege in the legal advice had not been waived by the Commissioner.APPLICATION BY TRINITY INVESTORS TO STRIKE OUT OR STAY COMMISSIONER'S LIQUIDATION PROCEEDINGS
Courtney J dismissed the defendants' application to strike out or stay the Commissioner of Inland Revenue's ('the Commissioner') liquidation proceedings. She found the Commissioner was a creditor for the purposes of recovering tax and further that the application to appoint liquidators was not premature on the part of the CommissionerCLAIMS STRUCK OUT FOR BEING FILED OUT OF TIME
The disputants' claims in relation to income tax assessments are struck out for being filed out of time. The disputants have 14 days to decide whether to pursue claims in respect of shortfall penalties.