Volume: 26, Issue: 09 (2014)
PUBLIC RULING BR PUB 14/06: PAYMENTS MADE BY PARENTS OR GUARDIANS OF STUDENTS TO STATE SCHOOLS - GST TREATMENT 
 Description: 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.  Updated:  
Reference:  
2014_26_09_001 
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PRODUCT RULING BR PRD 14/06: ENGAGEMENT OF SUPERVISORS BY PMP DISTRIBUTION 
 Description: This Ruling has been applied for by PMP Distribution Limited (PMP Distribution)  Updated:  
Reference:  
2014_26_09_002 
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PRODUCT RULING BR PRD 14/07: NEW ZEALAND MAORI ARTS AND CRAFTS INSTITUTE SCHOLARSHIP 
 Description: This Ruling has been applied for by PMP Distribution Limited (PMP Distribution)  
Categories:
BINDING RULING  
SCHOLARSHIP  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_003 
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FBT RATE FOR LOW-INTEREST LOANS INCREASES 
 Description: 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.  Updated:  
Reference:  
2014_26_09_004 
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QB 14/09: INCOME TAX - MEANING OF 'EXCESSIVE REMUNERATION' AND 'EXCESSIVE PROFITS OR LOSSES' PAID OR ALLOCATED TO RELATIVES, PARTNERS, SHAREHOLDERS OR DIRECTORS 
 Description: 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  
 
Updated:  
Reference:  
2014_26_09_005 
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APPLICATION TO STAY LIQUIDATION PROCEEDINGS 
 Description: 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.  Updated:  
Reference:  
2014_26_09_006 
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APPLICATION BY TRINITY INVESTORS TO STAY LIQUIDATION PROCEEDINGS 
 Description: 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.  Updated:  
Reference:  
2014_26_09_007 
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CASES INVOLVING ALLEGED TAX AVOIDANCE TRANSFERRED TO HIGH COURT AND CONSOLIDATED 
 Description: 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. Updated:  
Reference:  
2014_26_09_008 
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HIGH COURT GRANTS INTERIM RELIEF UNDER SECTION 8 OF THE JUDICATURE AMENDMENT ACT 1972 
 Description: 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.  Updated:  
Reference:  
2014_26_09_009 
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PUBLIC RULING BR PUB 14/06: PAYMENTS MADE BY PARENTS OR GUARDIANS OF STUDENTS TO STATE SCHOOLS - GST TREATMENT 
 Description: 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.  Updated:  
Reference:  
2014_26_09_01 
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APPEAL AGAINST HIGH COURT DECISION AWARDING INDEMNITY COSTS TO THE COMMISSIONER 
 Description: 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  
 
Referenced Entities: 
 Updated: 14 / 06 / 2019 
Reference:  
2014_26_09_010 
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APPEAL BY TRINITY INVESTORS TO SET ASIDE A HIGH COURT DECISION 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_011 
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UNSUCCESSFUL APPEAL BY TRINITY INVESTORS IN RESPECT OF STATUTORY DEMANDS ISSUED BY THE COMMISSIONER 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_012 
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APPEAL BY TRINITY INVESTORS TO SET ASIDE A HIGH COURT DECISION AND INDEMNITY COSTS AWARD 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_013 
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PRODUCT RULING BR PRD 14/06: ENGAGEMENT OF SUPERVISORS BY PMP DISTRIBUTION 
 Description: This Ruling has been applied for by PMP Distribution Limited (PMP Distribution)  Updated:  
Reference:  
2014_26_09_02 
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PRODUCT RULING BR PRD 14/07: NEW ZEALAND MAORI ARTS AND CRAFTS INSTITUTE SCHOLARSHIP 
 Description: This Ruling has been applied for by PMP Distribution Limited (PMP Distribution)  
Categories:
BINDING RULING  
SCHOLARSHIP  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_03 
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FBT RATE FOR LOW-INTEREST LOANS INCREASES 
 Description: 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.  Updated:  
Reference:  
2014_26_09_04 
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QB 14/09: INCOME TAX - MEANING OF 'EXCESSIVE REMUNERATION' AND 'EXCESSIVE PROFITS OR LOSSES' PAID OR ALLOCATED TO RELATIVES, PARTNERS, SHAREHOLDERS OR DIRECTORS 
 Description: 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  
 
Updated:  
Reference:  
2014_26_09_05 
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APPLICATION TO STAY LIQUIDATION PROCEEDINGS 
 Description: 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.  Updated:  
Reference:  
2014_26_09_06 
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APPLICATION BY TRINITY INVESTORS TO STAY LIQUIDATION PROCEEDINGS 
 Description: 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.  Updated:  
Reference:  
2014_26_09_07 
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CASES INVOLVING ALLEGED TAX AVOIDANCE TRANSFERRED TO HIGH COURT AND CONSOLIDATED 
 Description: 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. Updated:  
Reference:  
2014_26_09_08 
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HIGH COURT GRANTS INTERIM RELIEF UNDER SECTION 8 OF THE JUDICATURE AMENDMENT ACT 1972 
 Description: 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.  Updated:  
Reference:  
2014_26_09_09 
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APPEAL AGAINST HIGH COURT DECISION AWARDING INDEMNITY COSTS TO THE COMMISSIONER 
 Description: 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  
 
Referenced Entities: 
 Updated: 14 / 06 / 2019 
Reference:  
2014_26_09_10 
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APPEAL BY TRINITY INVESTORS TO SET ASIDE A HIGH COURT DECISION 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_11 
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UNSUCCESSFUL APPEAL BY TRINITY INVESTORS IN RESPECT OF STATUTORY DEMANDS ISSUED BY THE COMMISSIONER 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_12 
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APPEAL BY TRINITY INVESTORS TO SET ASIDE A HIGH COURT DECISION AND INDEMNITY COSTS AWARD 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_09_13 
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