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

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04 Apr 2025

Viewing Volume 26 Issue 010



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PUBLIC RULING BR PUB 14/07: DEDUCTIBILITY - INTEREST REPAYMENTS REQUIRED AS A RESULT OF THE EARLY REPAYMENT OF A FINANCIAL ARRANGEMENT

Categories:  arrangement,   deductibility,   interest,   repayment  
Vol:2014-26 Issue:010_(004)

PUBLIC RULING BR PUB 14/08: INCOME TAX – TIMING OF DISPOSAL AND DERIVATION OF INCOME FROM TRADING STOCK

Categories:  deductibility,   repayment,   stock-trading  
Vol:2014-26 Issue:010_(008)

PRODUCT RULING BR PRD 14/09: RABO CAPITAL AND RABOBANK NEDERLAND


EXTENSION OF PUBLIC RULING BR PUB 08/03: PROJECTS TO REDUCE EMISSIONS PROGRAMME - INCOME TAX TREATMENT

Categories:  carbon-emmissions,   emmissions-programme  
Vol:2014-26 Issue:010_(016)

DECISION NOT TO REISSUE PUBLIC RULING BR PUB 08/04: PROJECTS TO REDUCE EMISSIONS PROGRAMME - GST TREATMENT

The ruling is specific to a programme run by the Ministry for the Environment between 2003 and 2013 linked to the Government's emissions reduction targets under the Kyoto Protocol. Under the Projects to Reduce Emissions (PRE) programme, the Crown contracted with various participants to provide emissions units in exchange for the implementation of projects anticipated to significantly reduce emissions. The ruling considered the GST consequences of supplies under these contracts. The contracts entered into under the PRE programme terminated on 31 December 2013.

Categories:  carbon-emmissions,   emmissions-programme,   goods-and-services-tax,   pre-programme  
Vol:2014-26 Issue:010_(020)

QB 14/10: GST – WHETHER A BINDING CONTRACT ALWAYS ESTABLISHES A TRANSACTION GIVING RISE TO A SUPPLY FOR SECTION 9(1) PURPOSES

We have been asked whether a binding contract always establishes a transaction giving rise to a supply for s 9(1) time of supply purposes.

Categories:  goods-and-services-tax,   supply  
Vol:2014-26 Issue:010_(024)

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 under the controlled foreign company (CFC) and foreign investment fund (FIF) rules for the six months ending 30 September 2014

Categories:  controlled-foreign-company-(cfc),   currency,   foreign-currency,   foreign-investment-fund-(fif),   year-2015  
Vol:2014-26 Issue:010_(028)

'OTHER REVENUES' DOES NOT INCLUDE CAPITAL AMOUNTS

Vector Limited ('Vector') received lump sum payments for a license to access its tunnel and a share in its easements. The Commissioner of Inland Revenue ('the Commissioner') considered the payments to be assessable as 'other revenues' under s CC 1 of the Income Tax Act 2007 ('the ITA'). The High Court held that the payments were capital amounts, and that 'other revenues' does not include amounts of capital.

Categories:  capital-expense,   define-other-revenues,   lump-sum  
Vol:2014-26 Issue:010_(032)

APPEAL STRUCK OUT

A successful application was made by the Commissioner of Inland Revenue ('the Commissioner') to strike out a purported appeal of a decision made by the Taxation Review Authority ('TRA') under the Taxation Review Authorities Regulations 1998 ('TRAR'). This decision confirms that s 26 of the Taxation Review Authorities Act 1994 ('TRAA') does not provide a separate right to appeal from decisions made by the TRA under the TRAR

Categories:  strike-out  
Vol:2014-26 Issue:010_(036)

HIGH COURT GUIDANCE ON GST 'ASSOCIATED PERSONS' TEST

When determining whether two entities are associated under the Goods and Services Tax Act 1985 ('GST Act'), the High Court held that the 100% voting interest that one company ('Company A') holds in a second company ('Company B') is attributable to the owner of Company A for the purposes of s 2A(1)(a)(i) of the GST Act

Categories:  associated-person,   goods-and-services-tax,   voting-interest  
Vol:2014-26 Issue:010_(040)

APPLICATION FOR EXTENSION OF TIME DISMISSED

The Court of Appeal dismissed the trustee of the Forest Trust's application for an extension of time to appeal a decision of Cooper J on an application for judicial review.

Categories:  appeal,   extension-of-time  
Vol:2014-26 Issue:010_(044)

APPLICATION FOR DISCOVERY DISMISSED BY THE HIGH COURT

The High Court dismissed ASB Bank Limited's ('ASB') application for discovery from the Commissioner of Inland Revenue ('the Commissioner'), on the basis that the documents sought were not relevant.

Categories:  abusive-tax-position,   discovery,   relevance,   shortfall-penalty,   unacceptable-tax-position  
Vol:2014-26 Issue:010_(048)

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