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

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10 Apr 2025

Viewing Volume 34 Issue 008



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LEGISLATION AND DETERMINATIONS


Order in Council - Tax Administration (July Adverse Weather Event) Order 2022

The series of adverse weather fronts that crossed New Zealand between 11 July and 31 July 2022 has been declared to be an emergency event for the purposes of section 183ABA of the Tax Administration Act 1994. The emergency event applies to the following areas that have been affected by floods, damaging high winds, and disruption to infrastructure: Canterbury, Gisborne district, Northland, Otago, and Wairoa district. This section allows the Commissioner to remit use-of-money interest payable on late tax payments following emergency events.

Categories:  adverse-event,   region-canterbury,   region-gisborne,   region-northland,   region-otago,   region-wairoa-district,   remission,   use-of-money,   use-of-money-remission  
Vol:2022-34 Issue:008_(004)

DEP108: Tax depreciation rates for hydrofraise rigs

The Commissioner has been asked to consider what depreciation rate should apply for hydrofraise rigs, used to build diaphragm (water blocking) type retaining walls. Diaphragm walls are often constructed in wet areas where groundwater will tend to flood an excavated area. The construction of the wall must therefore keep water out, as well as being strong enough to stop surrounding ground from collapsing into the excavation.

Categories:  depreciation,   depreciation-hydrofraise-rigs  
Vol:2022-34 Issue:008_(008)

DETERMINATION FDR 2022/01 – Two Trees Global Equity Macro Fund – Class Z

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 Equity Macro Fund – Class Z). Any investment by a New Zealand resident investor in units in the Two Trees Global Equity Macro Fund – Class Z, to which none of the exemptions in section EX 29 to 43 of the Income Tax Act 2007 apply, is a type of attributing interest for which the investor may use the Fair Dividend Rate method to calculate Foreign Investment Fund income for the interest.

Categories:  attributing-interest,   fair-dividend-rate-method,   foreign-investment-fund-(fif),   two-trees-global-equity-macro-fund  
Vol:2022-34 Issue:008_(012)

BINDING RULINGS


BR Prd 22/08: Ministry of Education

The Arrangement is the payment of scholarships by the Pacific Education Foundation to eligible tertiary students under the Tulī Takes Flight Scholarships (Tulī Scholarships) and Pacific Education Fund Scholarships (PEF Scholarships) programmes. The Ministry of Education funds the scholarships

Categories:  binding-ruling,   ministry-of-education,   scholarship,   scholarships-pacific-education-fund-(pef),   scholarships-tuli-takes-flight-scholarship,   tertiary-students  
Vol:2022-34 Issue:008_(016)

INTERPRETATION STATEMENT


IS 22/04: Claiming depreciation on buildings

This Interpretation Statement provides guidance to building owners on when they can claim depreciation on buildings. Until the 2010/2011 income year building owners could claim depreciation on buildings that they used, or had available for use, in deriving income or in carrying on a business for that purpose. This changed from the 2011/2012 income year when the depreciation rate for long-life buildings was reduced to 0%. In 2020, the depreciation rate for long-life non-residential buildings was increased. The rate for residential buildings remained at 0%. For this reason, it is important to understand the difference between a residential and a non-residential building. While both “residential building” and “non-residential building” are defined terms, the Act contains no definition of “building”

Categories:  building,   define-building,   depreciation  
Vol:2022-34 Issue:008_(020)

IS 22/05: Cash basis persons under the financial arrangements rules

This interpretation statement answers a specific question that arose from IS 20/07 Income tax – Application of the financial arrangements rules to foreign currency loans used to finance foreign residential rental property. While IS 20/07 explains who qualifies as a cash basis person (CBP), at [39] it states that the details of the cash basis adjustment (CBA) calculation are beyond its scope. This statement revisits the meaning of CBP. It also covers how to perform a CBA and provides worked examples

Categories:  cash-basis-persons,   financial-arrangement-rules  
Vol:2022-34 Issue:008_(024)

TECHNICAL DECISION SUMMARIES


TDS 22/13: Whether portable units are exempt supplies of accommodation in a dwelling

Categories:  dwelling,   goods-and-services-tax-exempt-supplies  
Vol:2022-34 Issue:008_(028)

TDS 22/14: GST and income tax: Liable as agent for tax obligations of a company?

GST and income tax: Is the Taxpayer liable as agent for a company’s tax obligations under s 61 of the Goods and Services Tax Act 1985 and s HD 15 of the Income Tax Act 2007?

Categories:  agent-liable,   company,   goods-and-services-tax,   income-tax  
Vol:2022-34 Issue:008_(032)

TDS 22/15: Deductibility of depreciation and expenses

Income Tax: Deductions for expenses and depreciation; quantum of losses carried forward; depreciation of pooled assets. Tax Administration Act 1994: Deemed acceptance.

Categories:  deductibility,   deductions,   deemed-acceptance,   depreciation,   pooled-assets  
Vol:2022-34 Issue:008_(036)

TDS 22/16: Non-resident supplier – application for GST registration

GST: Non-resident application; whether registered for overseas consumption tax or carrying on a taxable activity that if carried out in New Zealand would render the person liable to be registered for GST; whether making or intending to make taxable supplies in New Zealand; whether making or intending to make a supply in New Zealand.

Categories:  goods-and-services-tax,   goods-and-services-tax-registration,   non-resident-supplier  
Vol:2022-34 Issue:008_(040)

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