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

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29 Dec 2024

Viewing Volume 25 Issue 010



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Issues: 001  010  011 

IS 13/02: INCOME TAX - WHETHER CERTAIN RIGHTS CONFERRED BY THE COMPANIES ACT 1993 COULD GIVE RISE TO A "SHAREHOLDER DECISION-MAKING RIGHT"

This Interpretation Statement considers whether certain protective rights conferred by the CA 1993 could give rise to a "shareholder decision-making right" under s YA 1 of the ITA 2007. Under s YC 2 of the ITA 2007, a person's "voting interest" in a company equals the percentage of shareholder decision-making rights carried by shares or options over shares held by the person. A "shareholder decision-making right" is a right carried by a share issued by a company (or an option over a share issued by a company)

Categories:  abatement-formula,   company,   define-shareholder-descision-making-right,   shareholder  
Vol:2013-25 Issue:010_(004)

PRODUCT RULING BR PRD 13/11: MERIDIAN ENERGY LIMITED

This Ruling has been applied for by the Minister of State Owned Enterprises and the Minister of Finance, in their capacity as holders of all of the issued shares in Meridian Energy Limited (Meridian) on behalf of Her Majesty the Queen in Right of New Zealand (the Crown). The Arrangement is the sale of up to 49% of the ordinary shares (the Shares) in Meridian Energy Limited (Meridian), through the use of instalment receipts, by the Ministers of State Owned Enterprises and Finance (the Ministers) on behalf of Her Majesty the Queen in Right of New Zealand (the Crown) as vendor to purchasers (IR Holders), pursuant to the terms of the Retail Offer and the Institutional Offer contained in a combined Investment Statement and Prospectus (the Offer Document). For the avoidance of doubt, this Ruling does not apply to the Participating Iwi Offer contained in the Offer Document.


SPECIAL DETERMINATION S24: APPLICATION OF THE FINANCIAL ARRANGEMENTS RULES TO THE SALE OF SHARES IN MERIDIAN BY THE CROWN

This determination relates to an arrangement involving the sale of up to 49% of the ordinary shares (the Shares) in Meridian Energy Limited (Meridian) by the Minister of State Owned Enterprises and the Minister of Finance on behalf of Her Majesty the Queen in Right of New Zealand (the Crown) as vendor to purchasers (IR Holders), pursuant to the terms of the Retail Offer and the Institutional Offer contained in a combined Investment Statement and Prospectus (the Offer Document).

Categories:  shares-ordinary  
Vol:2013-25 Issue:010_(012)

FOREIGN CURRENCY AMOUNTS - CONVERSION TO NEW ZEALAND DOLLARS

This article provides the exchange rates acceptable to Inland Revenue for converting foreign currency amounts to New Zealand dollars for the six months ending 30 September 2013.

Categories:  controlled-foreign-company-(cfc),   currency,   foreign-currency,   foreign-investment-fund-(fif),   year-2013  
Vol:2013-25 Issue:010_(016)

ORDER IN COUNCIL - INFORMATION-SHARING AGREEMENT BETWEEN INLAND REVENUE AND THE DEPARTMENT OF INTERNAL AFFAIRS - CONTACT DETAILS AS PART OF PASSPORT RENEWAL OR APPLICATION PROCESS

The Privacy (Information-Sharing Agreement Between Inland Revenue and Internal Affairs) Order 2013 approves a new information-sharing agreement between Inland Revenue and the Department of Internal Affairs. Under the agreement, Internal Affairs will provide Inland Revenue with all contact details that it has obtained as part of the adult passport application process. The agreement will enable Inland Revenue to match these contact details against those it holds for people in three specific groups:

Categories:  information-sharing,   passport-application-process  
Vol:2013-25 Issue:010_(020)

QB 13/04: INCOME TAX - RETENTION MONEY

This item updates and replaces the item 'Retention Moneys, Construction Contracts' published in Public Information Bulletin No 103, p 1 (March 1980). That item sets out when retention money due on construction projects should be returned as income and the timing of deductions for retention money payable to sub-contractors. The current relevance of this information was identified during a review of content published in Public Information Bulletins and Tax Information Bulletins before 1996. For more information about the review, please see 'Review of Public Information Bulletins' in Tax Information Bulletin Vol 23, No 1 (February 2011). This question we've been asked applies generally to business taxpayers for whom the payment, or the receipt, of retention money is on revenue account. This item applies to contracts generally and not only construction contracts

Categories:  construction-project,   retention-money  
Vol:2013-25 Issue:010_(024)

TRINITY AVOIDANCE SCHEME

The Judgment upheld the application by the Commissioner of Inland Revenue ('the Commissioner') to dismiss or strike out the claim of judicial bias against Venning J in regard to his 2004 Judgment where he held the Trinity scheme was tax avoidance. This decision confirms that where an appellate court has determined an appeal, the trial court does not have jurisdiction to set aside its original judgment on the grounds of bias-it is a matter that needs to be appealed.

Categories:  tax-avoidance,   trinity  
Vol:2013-25 Issue:010_(028)

OUTSTANDING PROCEEDINGS NOT A 'SUBSTANTIAL DISPUTE' FOR THE PURPOSE OF SETTING ASIDE A STATUTORY DEMAND WHERE THERE ARE FINALISED TAX CHALLENGE

The Judgment dismissed an application by Trinity investors to set aside statutory demands based on assessments confirmed by the Supreme Court. The application relied on another proceeding seeking to dispute the validity of the Court's previous decisions in relation to the Trinity scheme. The Judge declined to make an order for immediate liquidation but required full payment in 10 working days, failing which liquidation can be applied for.

Categories:  dispute,   statutory-demands,   trinity  
Vol:2013-25 Issue:010_(032)

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