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Volume: 28, Issue: 04 (2016)

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Fri 17 May 00:19 AM

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


Year: 2016, Volume 28, Issue: 04
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PRODUCT RULING - BR PRD 16/01: PMP DISTRIBUTION LIMITED
 
Description: The Arrangement is the engagement of deliverers by PMP Distribution pursuant to a Deliverers' Handbook and Contract (the Contract) for the delivery of unaddressed newspapers, leaflets, brochures, catalogues, advertising material, samples and other similar items to households and other premises throughout New Zealand

Categories: BINDING RULING  DELIVERY 

Referenced Entities:
  • PMP DISTRIBUTION LIMITED
Updated: 
Reference: 
2016_28_04_001
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DETERMINATION FDR 2016/02 - USE OF FAIR DIVIDEND RATE METHOD FOR A TYPE OF ATTRIBUTING INTEREST IN A FOREIGN INVESTMENT FUND
 
Description: Shares in the Astenbeck Offshore Commodity Fund II Limited (Astenbeck Feeder Fund), to which this determination applies, are attributing interests in a foreign investment fund ('FIF') for New Zealand resident investors.

Categories: FAIR DIVIDEND RATE METHOD  FOREIGN INVESTMENT FUND (FIF)  INTEREST  INVESTMENT 

Referenced Entities:
  • ASTENBECK OFFSHORE COMMODITY FUND II LIMITED
Updated: 01 / 07 / 2019
Reference: 
2016_28_04_002
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FOREIGN CURRENCY AMOUNTS - CONVERSION TO NEW ZEALAND DOLLARS (FOR THE 12 MONTHS ENDING 31 MARCH 2016)
 
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 12 months ending 31 March 2016.

Updated: 
Reference: 
2016_28_04_003
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SPS 16/01: REQUESTS TO AMEND ASSESSMENTS
 
Description: This Standard Practice Statement ('SPS') sets out Inland Revenue's practice for exercising the Commissioner of Inland Revenue's ('the Commissioner') discretion under s 113 of the Tax Administration Act 1994 to amend assessments to ensure their correctness. It is intended both to provide direction to those Inland Revenue staff delegated to use the discretion in s 113 and to give guidance to taxpayers and their advisors in formulating requests for amendments.

Categories: AMENDMENT 

Legislation:
Updated: 
Reference: 
2016_28_04_004
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QB 16/02: GST - WHAT IS THE CORRECT RATE OF GST TO CHARGE ON LEGAL SERVICES PROVIDED TO NEW ZEALAND RESIDENT OWNERS OF LAND BEING COMPULSORILY ACQUIRED?
 
Description: Section 66 of Part 5 of the Public Works Act 1981 provides that the owner of land compulsorily taken can recover reasonable legal costs incurred. It has been drawn to the Commissioner's attention that there is some doubt about the correct rate of GST to be charged on legal services supplied to New Zealand resident owners of land that is being compulsorily acquired

Categories: GOODS AND SERVICES TAX  LAND  LEGAL 

Updated: 
Reference: 
2016_28_04_005
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ORDER OF COUNCIL - Use-of-money interest rates change
 
Description: The use-of-money interest rates on underpayments and overpayments of taxes and duties have changed, in line with market interest rates.

Categories: RATES  USE-OF-MONEY  YEAR - 2016 

Updated: 
Reference: 
2016_28_04_006
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THE AUTHORITY FINDS NO TAXABLE ACTIVITY AND UPHOLDS THE COMMISSIONER'S REASSESSMENTS
 
Description: Decision of the Taxation Review Authority ('the Authority') dismissing the disputant's claim and confirming the Commissioner of Inland Revenue's ('the Commissioner') assessments. The Authority found that the disputant was not carrying on a taxable activity. The Authority also found that even if the disputant was carrying on a taxable activity, he was not entitled to input tax credits as he had failed to produce the required documentary evidence.

Updated: 
Reference: 
2016_28_04_007
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FINAL PAYMENT TRIGGERS A BASE PRICE ADJUSTMENT
 
Description: The assignment of a debt was a financial arrangement and on crediting of the debt amount to the disputant's current account, the financial arrangement matured and a base price adjustment ('BPA') was required.

Updated: 
Reference: 
2016_28_04_008
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COURT OF APPEAL HOLDS DOCTRINE OF ESTOPPEL PER REM JUDICATUM APPLIES AND DISMISSES APPEAL
 
Description: The Court of Appeal dismissed the appellant's appeal on the basis that the question for determination on appeal, namely, whether the Taxation Review Authority ('TRA') erred in granting the Commissioner of Inland Revenue ('the Commissioner') an extension of time to file cases stated had been previously determined by the Court of Appeal.

Categories: LEGAL 

Updated: 
Reference: 
2016_28_04_009
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RESIDENCY: INTERPRETATION OF PERMANENT PLACE OF ABODE
 
Description: The Court agreed with the High Court's conclusion on the facts and found that Mr Diamond was not a resident for the relevant years. The Court noted that the relevant property had never been Mr Diamond's home (and was never intended to be): it was never lived in by Mr Diamond and was only ever used as an investment property.

Updated: 
Reference: 
2016_28_04_010
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INTERPRETATION OF SECTION 2A(1)(a): ASSOCIATED PERSONS FOR THE PURPOSES OF THE GOODS AND SERVICES TAX ACT 1985
 
Description: The High Court held that the 'voting interests' test in s2A(1)(a)(i) refers to the legal ownership of shares and does not extend to the beneficial ownership of the shares. Further, the Court held that 'control by any other means' in s2A(1)(a)(iii) did not extend to the factual control argued by the Commissioner

Categories: ASSOCIATED PERSON  DEFINE - VOTING INTERESTS  GOODS AND SERVICES TAX  SHARES 

Legislation:
  • (GST) Section 2A (1) (A)
Updated: 
Reference: 
2016_28_04_011
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