Description:

Description: This ruling covers the leasing of bloodstock for use in breeding bloodstock progeny to customers by New Zealand Bloodstock Finance and Leasing Limited.

Description: This item is about whether there is a full or partial disposal of an asset where a person contributes an asset to a general or limited partnership as a capital contribution. The Commissioner's position is that there is a full disposal.

Description: The purpose of this item is to provide information on the transitional operational position for taxpayers who have applied a partial disposal approach prior to the issue of QB 17/09.

Description: This Question We've Been Asked (QWBA) considers the income tax treatment of group insurance policies taken out by an employer in respect of its employees, where the employer intends to hold the policy on behalf of its employees. The QWBA concludes that the premiums will be subject to FBT. The QWBA also concludes that any amounts paid out under the group insurance policy will not be income of the employer, but may be income of the employee in some circumstances.

Description: This statement sets out certain practices that the Commissioner will accept for offsetting losses by election between group companies. It also sets out the consequences of specific events that can impact on a loss offset and how these should be addressed.

Description: On 1 November 2017 (reasons provided on 13 November 2017) the Court of Appeal gave judgment for the Commissioner of Inland Revenue ('the Commissioner') and dismissed the appellants' appeal against Lang J's dismissal of their application for judicial review. The appellants had sought a review of a decision by the Commissioner declining their application for financial relief. The appellants claimed apparent bias and that the Commissioner had failed to take into account the appellants' inability to make mortgage payments.

Description: The disputant taxpayer had benefited from international money transfers, foreign currency purchases and domestic transfers and card expenditure which the Commissioner of Inland Revenue ('the Commissioner') considered had been conducted on the disputant's behalf through trusts and companies wholly owned and operated by the disputant's friend. The Taxation Review Authority largely confirmed the Commissioner's assessments but found that certain isolated transactions had an insufficient link with the disputant and accordingly disallowed those amounts.

Description: The Applicant ('Dr Muir') brought proceedings in the High Court seeking to judicially review the Taxation Review Authority's refusal to accept for filing his 'Second Amended Notice of Claim'. This proceeding concerned the Commissioner of Inland Revenue's application to dismiss Dr Muir's judicial review application.

Description: Mr Tamihere, a current bankrupt, filed a statement of claim and an affidavit in support seeking a judicial review of actions taken by Judge Andr-e Wiltens during a civil list hearing in the Manukau District Court on 12 June 2017. The Commissioner of Inland Revenue applied to have the matter struck out on the basis that it disclosed no reasonably arguable cause of action, was frivolous, vexatious and an abuse of the Court's process.

Description: NRS Media Holdings Ltd ('NRS') sought to claim deductions under s DB 55 of the Income Tax Act 2007, for expenditure incurred by its head office in managing NRS' subsidiaries that periodically pay NRS dividends. The Commissioner of Inland Revenue ('the Commissioner') disallowed the deductions and NRS challenged the Commissioner's assessment. The High Court found DB55 requires expenditure to be factually and causally incurred in the derivation of foreign dividend income. The expenditure claimed was insufficiently related to the derivation of foreign dividends which was one step removed from the purpose of the expenditure; which was to increase subsidiary value.

Description: Mr Tamihere filed judicial review proceedings which appeared to seek to revisit a 2012 District Court decision granting the Commissioner of Inland Revenue ('the Commissioner') judgment against Mr Tamihere for unpaid tax debt as well as decisions resulting in criminal convictions and sentence. The Commissioner applied to strike out the proceeding.