Volume: 27, Issue: 02 (2015)
PUBLIC RULINGS BR PUB 15/01 AND BR PUB 15/02: SECONDHAND GOODS INPUT TAX DEDUCTIONS - FISHING QUOTA, COASTAL PERMITS AND CERTIFICATES OF COMPLIANCE 
 Description: These rulings consider whether a registered person is entitled to claim secondhand goods input tax deductions when they purchase fishing quota, coastal permits or certificates of compliance from an unregistered person.  
Categories:
BINDING RULING  
CERTIFICATES OF COMPLIANCE  
COASTAL PERMIT  
FISHING QUOTA  
GOODS AND SERVICES TAX  
INPUT TAX  
SECONDHAND GOODS  
UNREGISTERED PERSON  
 
Updated:  
Reference:  
2015_27_02_001 
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PUBLIC RULING BR PUB 15/01: GOODS AND SERVICES TAX - FISHING QUOTA - SECONDHAND GOODS INPUT TAX DEDUCTIONS 
 Description: This Ruling applies in respect of s 20(3), the definitions of 'goods' and 'secondhand goods' in s 2, and the definition of 'input tax' in s 3A.  
Categories:
BINDING RULING  
DEFINE - FISHING QUOTA  
DEFINE - INPUT TAX  
DEFINE - SECONDHAND GOODS  
FISHING QUOTA  
INPUT TAX  
SECONDHAND GOODS  
 
Updated:  
Reference:  
2015_27_02_002 
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PUBLIC RULING BR PUB 15/02: GOODS AND SERVICES TAX - COASTAL PERMITS AND CERTIFICATES OF COMPLIANCE - SECONDHAND GOODS INPUT TAX DEDUCTIONS 
 Description: The Arrangement to which this Ruling applies is the supply, by way of sale, of coastal permits or certificates of compliance situated in New Zealand, where the supply is not a taxable supply, and the supply is made to a GST registered purchaser who uses the coastal permits or certificates of compliance, or has them available for use, in making taxable supplies.  
Categories:
BINDING RULING  
CERTIFICATE OF COMPLIANCE  
COASTAL PERMIT  
GOODS AND SERVICES TAX  
SUPPLY  
TAXABLE SUPPLY  
 
Updated:  
Reference:  
2015_27_02_003 
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COMMENTARY ON PUBLIC RULINGS BR PUB 15/01 AND 15/02 
 Description: This commentary is not a legally binding statement. The commentary is intended to help readers understand and apply the conclusions reached in Public Rulings BR Pub 15/01 and BR Pub 15/02 (the Rulings).  
Categories:
BINDING RULING  
CERTIFICATE OF COMPLIANCE  
COASTAL PERMIT  
GOODS AND SERVICES TAX  
SUPPLY  
TAXABLE SUPPLY  
 
Updated:  
Reference:  
2015_27_02_004 
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LIVESTOCK VALUES - 2015 NATIONAL STANDARD COSTS FOR SPECIFIED LIVESTOCK 
 Description: The Commissioner of Inland Revenue has released a determination, reproduced below, setting the national standard costs for specified livestock for the 2014-2015 income year.  Updated: 04 / 05 / 2019 
Reference:  
2015_27_02_005 
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SPECIAL DETERMINATION S32: SPREADING METHOD TO BE USED BY BANK IN RESPECT OF THE NOTES AND THE VALUE OF SHARES ISSUED BY BANK ON CONVERSION 
 Description: This determination relates to a funding transaction involving the issue of Notes by the Bank to the New Zealand branch of its Australian parent company. The Notes will contain an exchange mechanism, in order to allow them to be recognised as Additional Tier 1 capital for the purposes of the Reserve Bank of New Zealand framework relating to the capital adequacy of banks  Updated:  
Reference:  
2015_27_02_006 
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GENERAL DETERMINATION DEP90: DEPRECIATION RATE FOR DRONES AND INTEGRATED ACCESSORIES INCLUDING REMOTE CONTROLLERS AND SOFTWARE, USED FOR PHOTOGRAPHY, SURVEILLANCE AND VIDEO/MOVIE PRODUCTION 
 Description: This determination applies to taxpayers who own items of depreciable property of the kind listed in the tables below. This determination applies for the 2013-14 and subsequent income years.  
Categories:
DEPRECIATION  
DRONES  
MOVIE PRODUCTION  
PHOTOGRAPHY  
REMOTE CONTROL  
SOFTWARE  
SURVEILANCE  
VIDEO PRODUCTION  
 
Updated:  
Reference:  
2015_27_02_007 
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SUPREME COURT FOUND THAT PAYE TRUST CEASES UPON LIQUIDATION 
 Description: The Supreme Court held that any s 167(1) trust ceases upon liquidation of a company if the employer has failed to deal with PAYE deducted in the manner required by s 167(1) of the Tax Administration Act 1994 ('TAA') or in accordance with the PAYE rules.  
Categories:
EMPLOYER  
LIQUIDATION  
PAYE AS YOU EARN (PAYE)  
TRUST  
 
Legislation: Referenced Entities: 
 Updated:  
Reference:  
2015_27_02_008 
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INDEMNITY COSTS AWARDED TO THE COMMISSIONER 
 Description: The Commissioner of Inland Revenue ('the Commissioner') was awarded indemnity costs on the basis that the taxpayers' claim was commenced for an ulterior purpose and fell within the 'hopeless case' category.  
Categories:
HOPELESS CASE  
INDEMNITY COSTS  
TRINITY  
ULTERIOT PURPOSE  
 
Referenced Entities: 
 Updated:  
Reference:  
2015_27_02_009 
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PUBLIC RULINGS BR PUB 15/01 AND BR PUB 15/02: SECONDHAND GOODS INPUT TAX DEDUCTIONS - FISHING QUOTA, COASTAL PERMITS AND CERTIFICATES OF COMPLIANCE 
 Description: These rulings consider whether a registered person is entitled to claim secondhand goods input tax deductions when they purchase fishing quota, coastal permits or certificates of compliance from an unregistered person.  
Categories:
BINDING RULING  
CERTIFICATES OF COMPLIANCE  
COASTAL PERMIT  
FISHING QUOTA  
GOODS AND SERVICES TAX  
INPUT TAX  
SECONDHAND GOODS  
UNREGISTERED PERSON  
 
Updated:  
Reference:  
2015_27_02_01 
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UNSUCCESSFUL APPLICATION BY TRINITY INVESTORS TO THE SUPREME COURT FOR LEAVE TO APPEAL THREE PREVIOUS DECISIONS 
 Description: All the applications for leave involved proceedings which, in one way or another, were sequels to the judgment of the Supreme Court in Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue [2008] NZSC 115, [2009] 2 NZLR 289. The Supreme Court dismissed all three leave applications finding no points of public and general importance in the proposed appeals and no appearance of any miscarriage of justice.  Updated: 14 / 05 / 2019 
Reference:  
2015_27_02_010 
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LEAVE TO BRING EVIDENCE NOT GRANTED TO DISPUTANT 
 Description: The disputant was denied leave to bring evidence alleging bad faith on the part of the Commissioner of Inland Revenue ('the Commissioner'). The Taxation Review Authority ('TRA') took into account s 89A of the Tax Administration Act 1994 ('TAA') and the disputant's conduct in these proceedings and found that it was not necessary to admit the disputant's evidence to avoid manifest injustice to the disputant.  Updated: 14 / 05 / 2019 
Reference:  
2015_27_02_011 
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INCREASED COSTS AND DISBURSEMENTS AWARDED AGAINST COMMISSIONER 
 Description: The Commissioner of Inland Revenue ('the Commissioner') was ordered to pay increased costs on the basis that the nature of the proceeding was such that the time required substantially exceeded the standard time allocations, and because the Commissioner's conduct was considered to have contributed unnecessarily to the time or expense of the proceeding.  
Categories:
DISBURSEMENTS  
INCREASED COSTS  
LEGAL  
WITNESS EXPENSES  
 
Referenced Entities: 
 Updated:  
Reference:  
2015_27_02_012 
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HIGH COURT BACKDATES CHARITY'S REGISTRATION AND CONFIRMS THAT THE TRANSITIONAL DEFINITION OF 'TAX CHARITY' DOES NOT APPLY ONCE A CHARITY IS REGISTERED 
 Description: The High Court backdated the National Council of Women of New Zealand Incorporated's ('NCW') registration as a charity so that its registration was continuous. The NCW was, therefore, not liable for income tax during the period it was deregistered.  
Categories:
CHARITY  
DEFINE - TAX CHARITY  
 
Referenced Entities: 
 Updated: 23 / 05 / 2019 
Reference:  
2015_27_02_013 
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PUBLIC RULING BR PUB 15/01: GOODS AND SERVICES TAX - FISHING QUOTA - SECONDHAND GOODS INPUT TAX DEDUCTIONS 
 Description: This Ruling applies in respect of s 20(3), the definitions of 'goods' and 'secondhand goods' in s 2, and the definition of 'input tax' in s 3A.  
Categories:
BINDING RULING  
DEFINE - FISHING QUOTA  
DEFINE - INPUT TAX  
DEFINE - SECONDHAND GOODS  
FISHING QUOTA  
INPUT TAX  
SECONDHAND GOODS  
 
Updated:  
Reference:  
2015_27_02_02 
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PUBLIC RULING BR PUB 15/02: GOODS AND SERVICES TAX - COASTAL PERMITS AND CERTIFICATES OF COMPLIANCE - SECONDHAND GOODS INPUT TAX DEDUCTIONS 
 Description: The Arrangement to which this Ruling applies is the supply, by way of sale, of coastal permits or certificates of compliance situated in New Zealand, where the supply is not a taxable supply, and the supply is made to a GST registered purchaser who uses the coastal permits or certificates of compliance, or has them available for use, in making taxable supplies.  
Categories:
BINDING RULING  
CERTIFICATE OF COMPLIANCE  
COASTAL PERMIT  
GOODS AND SERVICES TAX  
SUPPLY  
TAXABLE SUPPLY  
 
Updated:  
Reference:  
2015_27_02_03 
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COMMENTARY ON PUBLIC RULINGS BR PUB 15/01 AND 15/02 
 Description: This commentary is not a legally binding statement. The commentary is intended to help readers understand and apply the conclusions reached in Public Rulings BR Pub 15/01 and BR Pub 15/02 (the Rulings).  
Categories:
BINDING RULING  
CERTIFICATE OF COMPLIANCE  
COASTAL PERMIT  
GOODS AND SERVICES TAX  
SUPPLY  
TAXABLE SUPPLY  
 
Updated:  
Reference:  
2015_27_02_04 
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LIVESTOCK VALUES - 2015 NATIONAL STANDARD COSTS FOR SPECIFIED LIVESTOCK 
 Description: The Commissioner of Inland Revenue has released a determination, reproduced below, setting the national standard costs for specified livestock for the 2014-2015 income year.  Updated: 04 / 05 / 2019 
Reference:  
2015_27_02_05 
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SPECIAL DETERMINATION S32: SPREADING METHOD TO BE USED BY BANK IN RESPECT OF THE NOTES AND THE VALUE OF SHARES ISSUED BY BANK ON CONVERSION 
 Description: This determination relates to a funding transaction involving the issue of Notes by the Bank to the New Zealand branch of its Australian parent company. The Notes will contain an exchange mechanism, in order to allow them to be recognised as Additional Tier 1 capital for the purposes of the Reserve Bank of New Zealand framework relating to the capital adequacy of banks  Updated:  
Reference:  
2015_27_02_06 
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GENERAL DETERMINATION DEP90: DEPRECIATION RATE FOR DRONES AND INTEGRATED ACCESSORIES INCLUDING REMOTE CONTROLLERS AND SOFTWARE, USED FOR PHOTOGRAPHY, SURVEILLANCE AND VIDEO/MOVIE PRODUCTION 
 Description: This determination applies to taxpayers who own items of depreciable property of the kind listed in the tables below. This determination applies for the 2013-14 and subsequent income years.  
Categories:
DEPRECIATION  
DRONES  
MOVIE PRODUCTION  
PHOTOGRAPHY  
REMOTE CONTROL  
SOFTWARE  
SURVEILANCE  
VIDEO PRODUCTION  
 
Updated:  
Reference:  
2015_27_02_07 
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SUPREME COURT FOUND THAT PAYE TRUST CEASES UPON LIQUIDATION 
 Description: The Supreme Court held that any s 167(1) trust ceases upon liquidation of a company if the employer has failed to deal with PAYE deducted in the manner required by s 167(1) of the Tax Administration Act 1994 ('TAA') or in accordance with the PAYE rules.  
Categories:
EMPLOYER  
LIQUIDATION  
PAYE AS YOU EARN (PAYE)  
TRUST  
 
Referenced Entities: 
 Updated:  
Reference:  
2015_27_02_08 
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INDEMNITY COSTS AWARDED TO THE COMMISSIONER 
 Description: The Commissioner of Inland Revenue ('the Commissioner') was awarded indemnity costs on the basis that the taxpayers' claim was commenced for an ulterior purpose and fell within the 'hopeless case' category.  
Categories:
HOPELESS CASE  
INDEMNITY COSTS  
TRINITY  
ULTERIOT PURPOSE  
 
Referenced Entities: 
 Updated:  
Reference:  
2015_27_02_09 
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UNSUCCESSFUL APPLICATION BY TRINITY INVESTORS TO THE SUPREME COURT FOR LEAVE TO APPEAL THREE PREVIOUS DECISIONS 
 Description: All the applications for leave involved proceedings which, in one way or another, were sequels to the judgment of the Supreme Court in Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue [2008] NZSC 115, [2009] 2 NZLR 289. The Supreme Court dismissed all three leave applications finding no points of public and general importance in the proposed appeals and no appearance of any miscarriage of justice.  Updated: 14 / 05 / 2019 
Reference:  
2015_27_02_10 
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LEAVE TO BRING EVIDENCE NOT GRANTED TO DISPUTANT 
 Description: The disputant was denied leave to bring evidence alleging bad faith on the part of the Commissioner of Inland Revenue ('the Commissioner'). The Taxation Review Authority ('TRA') took into account s 89A of the Tax Administration Act 1994 ('TAA') and the disputant's conduct in these proceedings and found that it was not necessary to admit the disputant's evidence to avoid manifest injustice to the disputant.  Updated: 14 / 05 / 2019 
Reference:  
2015_27_02_11 
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INCREASED COSTS AND DISBURSEMENTS AWARDED AGAINST COMMISSIONER 
 Description: The Commissioner of Inland Revenue ('the Commissioner') was ordered to pay increased costs on the basis that the nature of the proceeding was such that the time required substantially exceeded the standard time allocations, and because the Commissioner's conduct was considered to have contributed unnecessarily to the time or expense of the proceeding.  
Categories:
DISBURSEMENTS  
INCREASED COSTS  
LEGAL  
WITNESS EXPENSES  
 
Referenced Entities: 
 Updated:  
Reference:  
2015_27_02_12 
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HIGH COURT BACKDATES CHARITY'S REGISTRATION AND CONFIRMS THAT THE TRANSITIONAL DEFINITION OF 'TAX CHARITY' DOES NOT APPLY ONCE A CHARITY IS REGISTERED 
 Description: The High Court backdated the National Council of Women of New Zealand Incorporated's ('NCW') registration as a charity so that its registration was continuous. The NCW was, therefore, not liable for income tax during the period it was deregistered.  
Categories:
CHARITY  
DEFINE - TAX CHARITY  
 
Referenced Entities: 
 Updated: 23 / 05 / 2019 
Reference:  
2015_27_02_13 
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