Volume: 26, Issue: 10 (2014)
PUBLIC RULING BR PUB 14/07: DEDUCTIBILITY - INTEREST REPAYMENTS REQUIRED AS A RESULT OF THE EARLY REPAYMENT OF A FINANCIAL ARRANGEMENT 
 Description:  Updated:  
Reference:  
2014_26_10_001 
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PUBLIC RULING BR PUB 14/08: INCOME TAX - TIMING OF DISPOSAL AND DERIVATION OF INCOME FROM TRADING STOCK 
 Description:  Updated:  
Reference:  
2014_26_10_002 
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PRODUCT RULING BR PRD 14/09: RABO CAPITAL AND RABOBANK NEDERLAND 
 Description:  Updated:  
Reference:  
2014_26_10_003 
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EXTENSION OF PUBLIC RULING BR PUB 08/03: PROJECTS TO REDUCE EMISSIONS PROGRAMME - INCOME TAX TREATMENT 
 Description:  Updated:  
Reference:  
2014_26_10_004 
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DECISION NOT TO REISSUE PUBLIC RULING BR PUB 08/04: PROJECTS TO REDUCE EMISSIONS PROGRAMME - GST TREATMENT 
 Description: 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.  Updated:  
Reference:  
2014_26_10_005 
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QB 14/10: GST - WHETHER A BINDING CONTRACT ALWAYS ESTABLISHES A TRANSACTION GIVING RISE TO A SUPPLY FOR SECTION 9(1) PURPOSES 
 Description: 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.  Updated:  
Reference:  
2014_26_10_006 
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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 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  
 
Updated:  
Reference:  
2014_26_10_007 
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'OTHER REVENUES' DOES NOT INCLUDE CAPITAL AMOUNTS 
 Description: 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  
 
Legislation: Referenced Entities: 
 Updated:  
Reference:  
2014_26_10_008 
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APPEAL STRUCK OUT 
 Description: 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  Updated:  
Reference:  
2014_26_10_009 
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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 
 Description:  Updated:  
Reference:  
2014_26_10_01 
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HIGH COURT GUIDANCE ON GST 'ASSOCIATED PERSONS' TEST 
 Description: 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  
 
Legislation: 
 Updated:  
Reference:  
2014_26_10_010 
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APPLICATION FOR EXTENSION OF TIME DISMISSED 
 Description: 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.  Updated:  
Reference:  
2014_26_10_011 
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APPLICATION FOR DISCOVERY DISMISSED BY THE HIGH COURT 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_10_012 
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PUBLIC RULING BR PUB 14/08: INCOME TAX - TIMING OF DISPOSAL AND DERIVATION OF INCOME FROM TRADING STOCK 
 Description:  Updated:  
Reference:  
2014_26_10_02 
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PRODUCT RULING BR PRD 14/09: RABO CAPITAL AND RABOBANK NEDERLAND 
 Description:  Updated:  
Reference:  
2014_26_10_03 
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EXTENSION OF PUBLIC RULING BR PUB 08/03: PROJECTS TO REDUCE EMISSIONS PROGRAMME - INCOME TAX TREATMENT 
 Description:  Updated:  
Reference:  
2014_26_10_04 
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DECISION NOT TO REISSUE PUBLIC RULING BR PUB 08/04: PROJECTS TO REDUCE EMISSIONS PROGRAMME - GST TREATMENT 
 Description: 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.  Updated:  
Reference:  
2014_26_10_05 
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QB 14/10: GST - WHETHER A BINDING CONTRACT ALWAYS ESTABLISHES A TRANSACTION GIVING RISE TO A SUPPLY FOR SECTION 9(1) PURPOSES 
 Description: 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.  Updated:  
Reference:  
2014_26_10_06 
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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 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  
 
Updated:  
Reference:  
2014_26_10_07 
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'OTHER REVENUES' DOES NOT INCLUDE CAPITAL AMOUNTS 
 Description: 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.  Updated:  
Reference:  
2014_26_10_08 
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APPEAL STRUCK OUT 
 Description: 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  Updated:  
Reference:  
2014_26_10_09 
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HIGH COURT GUIDANCE ON GST 'ASSOCIATED PERSONS' TEST 
 Description: 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  Updated:  
Reference:  
2014_26_10_10 
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APPLICATION FOR EXTENSION OF TIME DISMISSED 
 Description: 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.  Updated:  
Reference:  
2014_26_10_11 
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APPLICATION FOR DISCOVERY DISMISSED BY THE HIGH COURT 
 Description: 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  
 
Referenced Entities: 
 Updated:  
Reference:  
2014_26_10_12 
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