TIB index based from the NZ Tax Information Bulletin - kwister.net
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15:06:09
04 Apr 2025
15:06:09
04 Apr 2025
TIB index based from the NZ Tax Information Bulletin - kwister.net
COVID-19 Response (Further Management Measures) Legislation Act (No 2) 2020 - Remedial amendment to administrative flexibility
Sections 6H - 6I of the Tax Administration Act 1994 This amendment to the Commissioner of Inland Revenue’s existing discretion allows her to shorten a due date or deadline or otherwise modify a time period or timeframe where this is advantageous to taxpayers. This amendment is intended to ensure the Commissioner has appropriate administrative flexibility where taxpayers are affected or likely to be affected by COVID-19 in a way which makes compliance with current tax obligations impossible, impractical, or unreasonable.COVID-19 Response (Further Management Measures) Legislation Act (No 2) 2020 - Amendments in support of R&D loan scheme
Sections 6H - 6I of the Tax Administration Act 1994 This amendment to the Commissioner of Inland Revenue’s existing discretion allows her to shorten a due date or deadline or otherwise modify a time period or timeframe where this is advantageous to taxpayers. This amendment is intended to ensure the Commissioner has appropriate administrative flexibility where taxpayers are affected or likely to be affected by COVID-19 in a way which makes compliance with current tax obligations impossible, impractical, or unreasonable.COVID-19 Response (Further Management Measures) Legislation Act (No 2) 2020 - Use of money interest remission on terminal tax
The amendment allows Inland Revenue to remit use of money interest (UOMI) accrued on an amount of terminal tax payable for the 2020–21 tax year where the taxpayer failed to pay the relevant portions of the amount by the provisional tax dates because their ability to reasonably accurately forecast their residual income tax has been significantly adversely affected by COVID-19.COVID-19 Response (Further Management Measures) Legislation Act (No 2) 2020 - Grace periods for the in-work tax credit
Sections MD 9 and MD 10 of the Income Tax Act 2007 Amendments to the Income Tax Act 2007 will allow families to continue to receive the in-work tax credit (IWTC) for a period of up to two weeks as earners transition between jobs, are unpaid for a period or leave their employmentBR Prd 20/02: Restaurant Brands Limited
The Arrangement is a recurring arrangement in terms of s 91F(1) of the Tax Administration Act 1994. It involves the engagement of delivery drivers by Restaurant Brands Limited (RBL) pursuant to the Independent Contractor Delivery Driver Contract for Services (Delivery Driver Contract) dated June 2018 in accordance with information in the Delivery Driver Operating Guide, Delivery Driver Personal Information and Payment Details form, Independent Contractor Delivery Driver Notice of Taxation Requirements, and standard practice information provided to Inland Revenue in the ruling application dated 18 December 2019 (collectively referred to as the relevant documents).CS 20/04: The Disputes Resolution Process and Fair Trial Rights
CSUM 20/08: Two appeals by DJ Hampton dismissed by Court of Appeal: His bankruptcy not stayed using High Court Rule 17.29 and High Court conditions on his discharge from bankruptcy confirmed
An unsuccessful attempt by Mr Hampton to stay the enforcement of his bankruptcy and, in the alternative, to have his bankruptcy discharged without conditions. Impact: The main area of interest in this judgment was the novel use of HCR 17.29 seeking to effectively annul an order of bankruptcy by staying its enforcement. The Court of Appeal recognised an order of bankruptcy is not itself an enforcement order. Rather it determines the status of the bankrupt. That status has consequences for the administration of the bankrupt's affairs by operation of law but is not the enforcement of a liability. Also, such an order would undercut the purpose of the insolvency regime.CSUM 20/09: Two appeals against the Registrar of Companies ("the Registrar") decision to decline public notice under s 328(3) of the Companies Act 1993 ("the CA 1993") following the appellants' application to restore Marketing Agencies Ltd ("MAL") and Mountforts Pharmacy Ltd ("MPL") to the New Zealand Register of Companies ("the Register"). The appeals were dismissed by the High Court.
Marketing Agencies Limited ("MAL") and Mountforts Pharmacy Limited ("MPL") (collectively, the companies) were removed from the New Zealand register ("the register"), in 1998 and 2011 respectively. However, the companies were restored to that register by this Court, pursuant to s 328 of the Companies Act 1993 ("the Act") on 21 September 2018 ("the restoration"), Commercial Management Ltd v Commissioner of Inland Revenue (2018) NZHC 224, (2018) 29 NZTC 23-068. While restored, the companies commenced legal proceedings in the Taxation Review Authority ("the Authority"). Thirteen months later, the Court of Appeal set that order aside, Commissioner of Inland Revenue v Commercial Management Ltd [2019] NZCA 479.Determination EE002A: Variation to Determination EE002 - Payments to employees for working from home costs during the COVID-19 pandemic
Determination EE002A (the Determination) applies to payments made by employers for the period from 18 September 2020 to 17 March 2021. Background: During the COVID-19 pandemic period of lockdown some employers made payments to employees to reimburse costs incurred by those employees as a result of the employees having to work from home. Inland Revenue was asked to clarify the tax treatment of such payments and subsequently issued Determination EE002: Payments to employees for working from home costs during the COVID-19 pandemic in April 2020.COV 20/09: Variation to sections 52(3) and 52(4) of the Goods and Services Tax Act 1985
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 GST registered customers with a taxable activity of supplying accommodation who between 14 February 2020 and 31 October 2020 change to making exempt supplies of accommodation leaving them with no taxable activity, the time periods specified in s 52(3) and s 52(4) of the Goods and Services Tax Act 1985 are extended from 12 months to 18 months.