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Volume: 25, Issue: 10 (2013)

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Thu 16 May 09:58 AM

Stats: Volumes: 8, Issues: 76, Articles: 1421  


Year: 2013, Volume 25, Issue: 10
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Interpretation Statements

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

Updated: 17 / 08 / 2020
Reference: 
2013_25_10_001
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Binding Rulings

PRODUCT RULING BR PRD 13/11: MERIDIAN ENERGY LIMITED
 
Description: 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.

Updated: 
Reference: 
2013_25_10_002
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Legislation and determinations

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

Referenced Entities:
  • MERIDIAN ENERGY LIMITED
Updated: 
Reference: 
2013_25_10_003
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FOREIGN CURRENCY AMOUNTS - CONVERSION TO NEW ZEALAND DOLLARS
 
Description: 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.

Updated: 
Reference: 
2013_25_10_004
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New Legislation

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
 
Description: 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:

Updated: 
Reference: 
2013_25_10_005
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Questions we've been asked

QB 13/04: INCOME TAX - RETENTION MONEY
 
Description: 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

Updated: 
Reference: 
2013_25_10_006
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Legal Descisions - Case Notes

TRINITY AVOIDANCE SCHEME
 
Description: 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 

Updated: 
Reference: 
2013_25_10_007
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OUTSTANDING PROCEEDINGS NOT A 'SUBSTANTIAL DISPUTE' FOR THE PURPOSE OF SETTING ASIDE A STATUTORY DEMAND WHERE THERE ARE FINALISED TAX CHALLENGE
 
Description: 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 

Updated: 
Reference: 
2013_25_10_008
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