Volume: 27, Issue: 05 (2015)
PUBLIC RULING BR PUB 15/04: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A PARTNERSHIP TO RETURN CAPITAL CONTRIBUTIONS TO A PARTNER 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  
Categories:
BINDING RULING  
BORROW  
CAPITAL CONTRIBUTION  
FUNDS  
INTEREST DEDUCTABILITY  
PARTNERSHIP  
 
Legislation: Updated: 07 / 04 / 2019 
Reference:  
2015_27_05_001 
Feedback
 | 
PUBLIC RULING BR PUB 15/05: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A PARTNERSHIP TO RETURN PAST YEARS' PROFITS TO A PARTNER 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle)  
Categories:
BINDING RULING  
BORROW  
CAPITAL CONTRIBUTION  
FUNDS  
INTEREST DEDUCTABILITY  
PARTNERSHIP  
PROFIT  
 
Legislation: Updated:  
Reference:  
2015_27_05_002 
Feedback
 | 
PUBLIC RULING BR PUB 15/06: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A COMPANY TO REPURCHASE SHARES 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  Updated:  
Reference:  
2015_27_05_003 
Feedback
 | 
PUBLIC RULING BR PUB 15/07: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A COMPANY TO PAY DIVIDENDS 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  Updated: 26 / 07 / 2019 
Reference:  
2015_27_05_004 
Feedback
 | 
PUBLIC RULING BR PUB 15/08: INTEREST DEDUCTIBILITY - FUNDS BORROWED TO REPAY DEBT 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  Updated:  
Reference:  
2015_27_05_005 
Feedback
 | 
PUBLIC RULING BR PUB 15/09: INTEREST DEDUCTIBILITY - FUNDS BORROWED TO MAKE A PAYMENT TO A GROUP COMPANY UNDER SECTION IC 5 
 Description: The Arrangement is the borrowing of funds by a company to make a payment under s IC 5 (Company B using Company A's tax loss) to another company that has a net loss. Interest is incurred on the borrowed funds and the company is unable to claim a deduction under s DB 7 (Interest: most companies need no nexus with income).  Updated:  
Reference:  
2015_27_05_006 
Feedback
 | 
ORDER IN COUNCIL PRIVACY (INFORMATION SHARING AGREEMENT BETWEEN INLAND REVENUE AND NEW ZEALAND POLICE) AMENDMENT ORDER 2015 
 Description: The Privacy (Information Sharing Agreement Between Inland Revenue and New Zealand Police) Amendment Order 2015 amends an existing information sharing agreement between Inland Revenue and the New Zealand Police. Under the agreement, Inland Revenue can share personal information with the New Zealand Police for the prevention, detection, investigation of, or to use as evidence of, a serious crime  Updated:  
Reference:  
2015_27_05_007 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 
 Description: The new legislation allows eligible KiwiSaver members to withdraw their member tax credits when purchasing a new home, and corrects errors in the tax, social policy and KiwiSaver treatment of income replacement payments paid under the Veterans' Support Act 2014  Updated:  
Reference:  
2015_27_05_008 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - WITHDRAWAL OF MEMBER TAX CREDITS FOR FIRST HOMES 
 Description: The principal measure allows eligible KiwiSaver members who are withdrawing their funds to purchase their first home to withdraw their member tax credits as well.  Updated:  
Reference:  
2015_27_05_009 
Feedback
 | 
PUBLIC RULING BR PUB 15/04: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A PARTNERSHIP TO RETURN CAPITAL CONTRIBUTIONS TO A PARTNER 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  Updated: 07 / 04 / 2019 
Reference:  
2015_27_05_01 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - KIWISAVER WITHDRAWALS FOR FIRST HOME BUYERS 
 Description: The KiwiSaver Act 2006 has been amended so a KiwiSaver first home withdrawal amount can be used to make payments before the purchase agreement on a new home goes unconditional (to pay a deposit, for example).  Updated:  
Reference:  
2015_27_05_010 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - FIRST HOME WITHDRAWAL ONLY AVAILABLE FOR NEW ZEALAND HOMES 
 Description: The first home withdrawal rules were previously silent on where a house could be bought. The only New Zealand based restriction was a requirement that a member's funds were paid to a practitioner who holds a New Zealand practising certificate. The new rules make it clear that the withdrawal can only be made for the purchase of an estate in land located in New Zealand.  Updated:  
Reference:  
2015_27_05_011 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - FIRST HOME WITHDRAWAL AVAILABLE FOR HOMES ON MAORI LAND 
 Description: Changes have been made to make it clear that a first home withdrawal under the KiwiSaver member rules is available to purchase or build a home on Maori land.  Updated:  
Reference:  
2015_27_05_012 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - COMPLYING SUPERANNUATION FUND MEMBERSHIP 
 Description: The previous first home withdrawal rules included an eligibility period of at least three years in one or more KiwiSaver schemes. The rules have been extended to recognise previous membership in any complying superannuation fund of three years or more as counting towards the three years eligibility period for a first home withdrawal.  Updated:  
Reference:  
2015_27_05_013 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - TRANS-TASMAN PORTABILITY ARRANGEMENTS 
 Description: New rules that apply to trans-Tasman portability of savings make it clear that they apply only to the ability to withdraw funds upon permanent emigration and are not an exception to the other KiwiSaver early withdrawal provisions.  Updated: 07 / 04 / 2019 
Reference:  
2015_27_05_014 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - PROTECTION FROM NON COMPLIANCE 
 Description: The Taxation (KiwiSaver HomeStart and Remedial Matters) Act 2015 made changes to the KiwiSaver Act 2006 on 1 April 2015. Section 239 ensures that KiwiSaver providers are not at risk of being in breach of securities law for documents that had already been issued or issued before 1 June 2015.  Updated:  
Reference:  
2015_27_05_015 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - VETERAN INCOME REPLACEMENT PAYMENTS 
 Description: The new Act introduces amendments to the Income Tax Act 2007 and the KiwiSaver Act 2006 that correct the tax, social policy and KiwiSaver treatment of income replacement payments paid under the Veterans' Support Act 2014. The corrections ensure the payments are treated the same as ACC earnings-related 'weekly compensation' payments for tax, social policy and KiwiSaver purposes.  
Categories:
ACC - WEEKLY COMPENSATION  
INCOME REPLACEMENT PAYMENT  
KIWISAVER  
LEGISLATION  
VETERAN  
WITHDRAWAL  
 
Updated:  
Reference:  
2015_27_05_016 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 -  TAX TREATMENT OF INCOME REPLACEMENT PAYMENTS 
 Description: Amendments have been made to sections CF 1 and CW  28 of the Income Tax Act 2007 to ensure veteran income replacement payments are treated as taxable income.  Updated:  
Reference:  
2015_27_05_017 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - PAYE AND KIWISAVER TREATMENT OF INCOME REPLACEMENT PAYMENTS 
 Description: Amendments have been made to section RD 5 of the Income Tax Act 2007 to ensure veteran income replacement payments are subject to PAYE, and KiwiSaver deductions can be made from the payments.  
Categories:
INCOME REPLACEMENT PAYMENT  
KIWISAVER  
PAYE AS YOU EARN (PAYE)  
TAXABLE INCOME  
 
Legislation: Updated:  
Reference:  
2015_27_05_018 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - CRITERIA FOR EARNINGS-RELATED WORKING FOR FAMILIES TAX CREDITS 
 Description: An amendment has been made to section MA 7 of the Income Tax Act 2007 to ensure the surviving spouse or partner of a deceased veteran can continue to claim the deceased veteran's full-time earner-related Working for Families tax credits.  Updated:  
Reference:  
2015_27_05_019 
Feedback
 | 
PUBLIC RULING BR PUB 15/05: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A PARTNERSHIP TO RETURN PAST YEARS' PROFITS TO A PARTNER 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle)  
Categories:
BINDING RULING  
BORROW  
CAPITAL CONTRIBUTION  
FUNDS  
INTEREST DEDUCTABILITY  
PARTNERSHIP  
PROFIT  
 
Updated:  
Reference:  
2015_27_05_02 
Feedback
 | 
CPI ADJUSTMENT 15/01 FOR DETERMINATION DET 09/02: STANDARD COST HOUSEHOLD SERVICE FOR CHILDCARE PROVIDERS 
 Description:  Updated:  
Reference:  
2015_27_05_020 
Feedback
 | 
CPI ADJUSTMENT 15/02 FOR DETERMINATION DET 05/03: STANDARD COST HOUSEHOLD SERVICE FOR BOARDING SERVICE PROVIDERS 
 Description:  Updated:  
Reference:  
2015_27_05_021 
Feedback
 | 
SPECIAL DETERMINATION S35: VALUATION OF SHARES ISSUED BY BANK FOLLOWING A CONVERSION EVENT 
 Description: This determination relates to a funding transaction involving the issue of Notes by Bank to Issuer. The Notes will contain a conversion mechanism, in order to allow them to be recognised as Additional Tier 1 capital for the purposes of the Reserve Bank of New Zealand (RBNZ) framework relating to the capital adequacy of banks.  Updated:  
Reference:  
2015_27_05_022 
Feedback
 | 
NATIONAL AVERAGE MARKET VALUES OF SPECIFIED LIVESTOCK DETERMINATION 2015 
 Description: This determination may be cited as 'The National Average Market Values of Specified Livestock Determination, 2015'. This determination is made in terms of section EC 15 of the Income Tax Act 2007 and shall apply to specified livestock on hand at the end of the 2014-2015 income year  Updated:  
Reference:  
2015_27_05_023 
Feedback
 | 
DISPUTANT'S APPLICATION FOR FILING CHALLENGE OUT OF TIME DECLINED 
 Description: This is a decision of the Taxation Review Authority ('TRA') declining the disputant's application for an extension of time for filing challenge proceedings in relation to default assessments made by the Commissioner of Inland Revenue ('the Commissioner').  Updated:  
Reference:  
2015_27_05_024 
Feedback
 | 
HIGH COURT STRIKES OUT JUDICIAL REVIEW, FINDING IT TO BE AN ABUSE OF PROCESS 
 Description: The High Court struck out John George Russell's ('Mr Russell') application for judicial review of the Commissioner of Inland Revenue's ('the Commissioner') decision declining his payment proposals  Updated:  
Reference:  
2015_27_05_025 
Feedback
 | 
TRA CONSIDERS IT HAS NO JURISDICTION TO CONSIDER GST PERIODS 
 Description:  Updated:  
Reference:  
2015_27_05_026 
Feedback
 | 
NOTICE OF DEFENCE NOT NECESSARY WHEN FILING AN APPLICATION TO STRIKE OUT 
 Description:  Updated:  
Reference:  
2015_27_05_027 
Feedback
 | 
PUBLIC RULING BR PUB 15/06: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A COMPANY TO REPURCHASE SHARES 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  Updated:  
Reference:  
2015_27_05_03 
Feedback
 | 
PUBLIC RULING BR PUB 15/07: INTEREST DEDUCTIBILITY - FUNDS BORROWED BY A COMPANY TO PAY DIVIDENDS 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  Updated: 26 / 07 / 2019 
Reference:  
2015_27_05_04 
Feedback
 | 
PUBLIC RULING BR PUB 15/08: INTEREST DEDUCTIBILITY - FUNDS BORROWED TO REPAY DEBT 
 Description: This Ruling applies in respect of s DB 6. Specifically, this Ruling applies the replacement and repayment principle in FC of T v Roberts; FC of T v Smith 92 ATC 4,380 (the Roberts and Smith principle).  Updated:  
Reference:  
2015_27_05_05 
Feedback
 | 
PUBLIC RULING BR PUB 15/09: INTEREST DEDUCTIBILITY - FUNDS BORROWED TO MAKE A PAYMENT TO A GROUP COMPANY UNDER SECTION IC 5 
 Description: The Arrangement is the borrowing of funds by a company to make a payment under s IC 5 (Company B using Company A's tax loss) to another company that has a net loss. Interest is incurred on the borrowed funds and the company is unable to claim a deduction under s DB 7 (Interest: most companies need no nexus with income).  Updated:  
Reference:  
2015_27_05_06 
Feedback
 | 
ORDER IN COUNCIL PRIVACY (INFORMATION SHARING AGREEMENT BETWEEN INLAND REVENUE AND NEW ZEALAND POLICE) AMENDMENT ORDER 2015 
 Description: The Privacy (Information Sharing Agreement Between Inland Revenue and New Zealand Police) Amendment Order 2015 amends an existing information sharing agreement between Inland Revenue and the New Zealand Police. Under the agreement, Inland Revenue can share personal information with the New Zealand Police for the prevention, detection, investigation of, or to use as evidence of, a serious crime  Updated:  
Reference:  
2015_27_05_07 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 
 Description: The new legislation allows eligible KiwiSaver members to withdraw their member tax credits when purchasing a new home, and corrects errors in the tax, social policy and KiwiSaver treatment of income replacement payments paid under the Veterans' Support Act 2014  Updated:  
Reference:  
2015_27_05_08 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - WITHDRAWAL OF MEMBER TAX CREDITS FOR FIRST HOMES 
 Description: The principal measure allows eligible KiwiSaver members who are withdrawing their funds to purchase their first home to withdraw their member tax credits as well.  Updated:  
Reference:  
2015_27_05_09 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - KIWISAVER WITHDRAWALS FOR FIRST HOME BUYERS 
 Description: The KiwiSaver Act 2006 has been amended so a KiwiSaver first home withdrawal amount can be used to make payments before the purchase agreement on a new home goes unconditional (to pay a deposit, for example).  Updated:  
Reference:  
2015_27_05_10 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - FIRST HOME WITHDRAWAL ONLY AVAILABLE FOR NEW ZEALAND HOMES 
 Description: The first home withdrawal rules were previously silent on where a house could be bought. The only New Zealand based restriction was a requirement that a member's funds were paid to a practitioner who holds a New Zealand practising certificate. The new rules make it clear that the withdrawal can only be made for the purchase of an estate in land located in New Zealand.  Updated:  
Reference:  
2015_27_05_11 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - FIRST HOME WITHDRAWAL AVAILABLE FOR HOMES ON MAORI LAND 
 Description: Changes have been made to make it clear that a first home withdrawal under the KiwiSaver member rules is available to purchase or build a home on Maori land.  Updated:  
Reference:  
2015_27_05_12 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - COMPLYING SUPERANNUATION FUND MEMBERSHIP 
 Description: The previous first home withdrawal rules included an eligibility period of at least three years in one or more KiwiSaver schemes. The rules have been extended to recognise previous membership in any complying superannuation fund of three years or more as counting towards the three years eligibility period for a first home withdrawal.  Updated:  
Reference:  
2015_27_05_13 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - TRANS-TASMAN PORTABILITY ARRANGEMENTS 
 Description: New rules that apply to trans-Tasman portability of savings make it clear that they apply only to the ability to withdraw funds upon permanent emigration and are not an exception to the other KiwiSaver early withdrawal provisions.  Updated: 07 / 04 / 2019 
Reference:  
2015_27_05_14 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - PROTECTION FROM NON COMPLIANCE 
 Description: The Taxation (KiwiSaver HomeStart and Remedial Matters) Act 2015 made changes to the KiwiSaver Act 2006 on 1 April 2015. Section 239 ensures that KiwiSaver providers are not at risk of being in breach of securities law for documents that had already been issued or issued before 1 June 2015.  Updated:  
Reference:  
2015_27_05_15 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - VETERAN INCOME REPLACEMENT PAYMENTS 
 Description: The new Act introduces amendments to the Income Tax Act 2007 and the KiwiSaver Act 2006 that correct the tax, social policy and KiwiSaver treatment of income replacement payments paid under the Veterans' Support Act 2014. The corrections ensure the payments are treated the same as ACC earnings-related 'weekly compensation' payments for tax, social policy and KiwiSaver purposes.  
Categories:
ACC - WEEKLY COMPENSATION  
INCOME REPLACEMENT PAYMENT  
KIWISAVER  
LEGISLATION  
VETERAN  
WITHDRAWAL  
 
Updated:  
Reference:  
2015_27_05_16 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 -  TAX TREATMENT OF INCOME REPLACEMENT PAYMENTS 
 Description: Amendments have been made to sections CF 1 and CW  28 of the Income Tax Act 2007 to ensure veteran income replacement payments are treated as taxable income.  Updated:  
Reference:  
2015_27_05_17 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - PAYE AND KIWISAVER TREATMENT OF INCOME REPLACEMENT PAYMENTS 
 Description: Amendments have been made to section RD 5 of the Income Tax Act 2007 to ensure veteran income replacement payments are subject to PAYE, and KiwiSaver deductions can be made from the payments.  Updated:  
Reference:  
2015_27_05_18 
Feedback
 | 
TAXATION (KIWISAVER HOMESTART AND REMEDIAL MATTERS) ACT 2015 - CRITERIA FOR EARNINGS-RELATED WORKING FOR FAMILIES TAX CREDITS 
 Description: An amendment has been made to section MA 7 of the Income Tax Act 2007 to ensure the surviving spouse or partner of a deceased veteran can continue to claim the deceased veteran's full-time earner-related Working for Families tax credits.  Updated:  
Reference:  
2015_27_05_19 
Feedback
 | 
CPI ADJUSTMENT 15/01 FOR DETERMINATION DET 09/02: STANDARD COST HOUSEHOLD SERVICE FOR CHILDCARE PROVIDERS 
 Description:  Updated:  
Reference:  
2015_27_05_20 
Feedback
 | 
CPI ADJUSTMENT 15/02 FOR DETERMINATION DET 05/03: STANDARD COST HOUSEHOLD SERVICE FOR BOARDING SERVICE PROVIDERS 
 Description:  Updated:  
Reference:  
2015_27_05_21 
Feedback
 | 
SPECIAL DETERMINATION S35: VALUATION OF SHARES ISSUED BY BANK FOLLOWING A CONVERSION EVENT 
 Description: This determination relates to a funding transaction involving the issue of Notes by Bank to Issuer. The Notes will contain a conversion mechanism, in order to allow them to be recognised as Additional Tier 1 capital for the purposes of the Reserve Bank of New Zealand (RBNZ) framework relating to the capital adequacy of banks.  Updated:  
Reference:  
2015_27_05_22 
Feedback
 | 
NATIONAL AVERAGE MARKET VALUES OF SPECIFIED LIVESTOCK DETERMINATION 2015 
 Description: This determination may be cited as 'The National Average Market Values of Specified Livestock Determination, 2015'. This determination is made in terms of section EC 15 of the Income Tax Act 2007 and shall apply to specified livestock on hand at the end of the 2014-2015 income year  Updated:  
Reference:  
2015_27_05_23 
Feedback
 | 
DISPUTANT'S APPLICATION FOR FILING CHALLENGE OUT OF TIME DECLINED 
 Description: This is a decision of the Taxation Review Authority ('TRA') declining the disputant's application for an extension of time for filing challenge proceedings in relation to default assessments made by the Commissioner of Inland Revenue ('the Commissioner').  Updated:  
Reference:  
2015_27_05_24 
Feedback
 | 
HIGH COURT STRIKES OUT JUDICIAL REVIEW, FINDING IT TO BE AN ABUSE OF PROCESS 
 Description: The High Court struck out John George Russell's ('Mr Russell') application for judicial review of the Commissioner of Inland Revenue's ('the Commissioner') decision declining his payment proposals  Updated:  
Reference:  
2015_27_05_25 
Feedback
 | 
TRA CONSIDERS IT HAS NO JURISDICTION TO CONSIDER GST PERIODS 
 Description:  Updated:  
Reference:  
2015_27_05_26 
Feedback
 | 
NOTICE OF DEFENCE NOT NECESSARY WHEN FILING AN APPLICATION TO STRIKE OUT 
 Description:  Updated:  
Reference:  
2015_27_05_27 
Feedback
 |