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

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29 Dec 2024

Viewing Volume 26 Issue 009



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Issues: 001  002  003  004  005  006  007  008  009  010  011 

PUBLIC RULING BR PUB 14/06: PAYMENTS MADE BY PARENTS OR GUARDIANS OF STUDENTS TO STATE SCHOOLS - GST TREATMENT

The Arrangement is the payment of amounts (whether described as 'school fees', 'voluntary contributions', 'activity fees' or otherwise) by parents or guardians of pupils who are enrolled at a State school (including schools integrated within the state system of education under the Private Schools Conditional Integration Act 1975) and who are not international students under the Education Act 1989 to the Board of Trustees of such a school.

Categories:  binding-ruling,   goods-and-services-tax,   parent,   school  
Vol:2014-26 Issue:009_(004)

PRODUCT RULING BR PRD 14/06: ENGAGEMENT OF SUPERVISORS BY PMP DISTRIBUTION

This Ruling has been applied for by PMP Distribution Limited (PMP Distribution)

Categories:  binding-ruling  
Vol:2014-26 Issue:009_(008)

PRODUCT RULING BR PRD 14/07: NEW ZEALAND MAORI ARTS AND CRAFTS INSTITUTE SCHOLARSHIP

This Ruling has been applied for by PMP Distribution Limited (PMP Distribution)

Categories:  binding-ruling,   scholarship  
Vol:2014-26 Issue:009_(012)

FBT RATE FOR LOW-INTEREST LOANS INCREASES

The prescribed rate of interest used to calculate fringe benefit tax on low-interest, employment-related loans is 6.70%, up from the previous rate of 6.13% which applied from the quarter beginning 1 July 2014.

Categories:  fringe-benefit-tax,   rates,   year-2015  
Vol:2014-26 Issue:009_(016)

QB 14/09: INCOME TAX – MEANING OF 'EXCESSIVE REMUNERATION' AND 'EXCESSIVE PROFITS OR LOSSES' PAID OR ALLOCATED TO RELATIVES, PARTNERS, SHAREHOLDERS OR DIRECTORS

This Question We've Been Asked (QWBA) is about ss GB 23, GB 24, GB 25 and GB 25B. It explains the meaning of 'excessive remuneration', 'excessive profits or losses' and 'excessive amount arising from the application of the lookthrough company rules' when they are used in those four sections.

Categories:  define-excessive-profits-or-losses,   define-excessive-remuneration,   director,   partner,   relative,   shareholder  
Vol:2014-26 Issue:009_(020)

APPLICATION TO STAY LIQUIDATION PROCEEDINGS

The Court dismissed the defendant's application to stay liquidation proceedings brought by the Commissioner of Inland Revenue ('the Commissioner'), finding the Commissioner was a creditor for the purposes of recovering tax and further that the application to appoint liquidators was not an abuse of process.

Categories:  creditor,   liquidation,   stay-proceedings,   trinity  
Vol:2014-26 Issue:009_(024)

APPLICATION BY TRINITY INVESTORS TO STAY LIQUIDATION PROCEEDINGS

Court dismissed the defendant's application to stay liquidation proceedings brought by the Commissioner of Inland Revenue ('the Commissioner'), finding the Commissioner was a creditor for the purposes of recovering tax and appointing the liquidator did not perpetuate an unlawful order.

Categories:  creditor,   liquidation,   stay-proceedings,   trinity  
Vol:2014-26 Issue:009_(028)

CASES INVOLVING ALLEGED TAX AVOIDANCE TRANSFERRED TO HIGH COURT AND CONSOLIDATED

The Commissioner of Inland Revenue ('the Commissioner') was successful in having two related cases transferred from the Taxation Review Authority ('TRA') to the High Court. These cases were also consolidated.


HIGH COURT GRANTS INTERIM RELIEF UNDER SECTION 8 OF THE JUDICATURE AMENDMENT ACT 1972

The applicant, Mr John George Russell ('Mr Russell') filed a judicial review application against the Commissioner of Inland Revenue ('the Commissioner') in relation to her decision not to accept his proposed offers of settlement.

Categories:  bankruptcy,   interim-relief,   judicial-review,   position-necessary-to-preserve,   russell-jg  
Vol:2014-26 Issue:009_(036)

APPEAL AGAINST HIGH COURT DECISION AWARDING INDEMNITY COSTS TO THE COMMISSIONER

The Court allowed the appeal overturning Brewer J's cost judgment in Redcliffe Forestry Venture Ltd v Commissioner of Inland Revenue [2013] NZHC 3411 and replaced the indemnity costs awarded in favour of the Commissioner of Inland Revenue ('the Commissioner') with scale costs.

Categories:  access-to-justice,   hopeless-case,   indemnity-costs  
Vol:2014-26 Issue:009_(040)

APPEAL BY TRINITY INVESTORS TO SET ASIDE A HIGH COURT DECISION

The Court of Appeal dismissed the appellants' appeal from the High Court judgment of Priestly J (Accent Management Ltd v Attorney-General [2013] NZHC 1447, (2013) 26 NZTC 21,020) where he upheld a protest to jurisdiction by the Commissioner of Inland Revenue ('the Commissioner') and the Attorney-General.

Categories:  functus-officio,   hearing-authority,   indemnity-costs,   nullity,   trinity  
Vol:2014-26 Issue:009_(044)

UNSUCCESSFUL APPEAL BY TRINITY INVESTORS IN RESPECT OF STATUTORY DEMANDS ISSUED BY THE COMMISSIONER

This matter involved three appeals against High Court decisions dismissing the appellants' applications to set aside statutory demands issued by the Commissioner of Inland Revenue ('the Commissioner'). The Court of Appeal found that the Commissioner was able to issue statutory demands and dismissed the appeals.

Categories:  creditor,   insolvency,   statutory-demands,   trinity  
Vol:2014-26 Issue:009_(048)

APPEAL BY TRINITY INVESTORS TO SET ASIDE A HIGH COURT DECISION AND INDEMNITY COSTS AWARD

The Court of Appeal dismissed the appellants' application to set aside a High Court judgment of Katz J (Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue [2013] NZHC 2361, (2013) 26 NZTC 21-032) and upheld the High Court's award of indemnity costs to the Commissioner of Inland Revenue ('the Commissioner').

Categories:  bias,   indemnity-costs,   setting-aside,   trinity  
Vol:2014-26 Issue:009_(052)

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