Volume: 30, Issue: 10 (2018)
New Zealands ratification of the OECDs Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting 
 Description: New Zealand signed the MLI on 7 June 2017, and deposited its instrument of ratification with the MLI Depositary on 27 June 2018.  
Categories:
BASE EROSION  
DOUBLE TAXATION AGREEMENT  
MULTILATERAL INSTRUMENT (MLI)  
OECD  
PROFIT SHIFTING  
TAX TREATY  
 
Referenced Entities: 
 Updated: 22 / 01 / 2019 
Reference:  
2018_30_10_001 
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IS 18/04: Goods and services tax - single supply or multiple supplies 
 Description: During Public Consultation on QB 18/14: GST treatment of fees that suppliers charge customers for using a credit or debit card the Commissioner signalled that she would be re-issuing IS 17/03: Single supply or multiple supplies. The Commissioner was aware that some taxpayers had read example 4 of IS 17/03 as suggesting that a credit card surcharge would always be a separate exempt supply of financial services. This is not the Commissioner's position. IS 17/03 has therefore been re-issued as IS 18/04 to clarify that the provision of a payment facility will not always be an exempt supply of a financial service.  
Categories:
CREDIT CARD  
DEBIT CARD  
FEE  
FINANCIAL SERVICE  
GOODS AND SERVICES TAX  
SUPPLIER  
SUPPLIES  
SURCHARGE  
 
Legislation: 
 Updated: 22 / 01 / 2019 
Reference:  
2018_30_10_002 
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IS 18/05: Income tax - donee organisations - meaning of wholly or mainly applying funds to specified purposes in New Zealand 
 Description: This interpretation statement concerns donee organisations under s LD 3(2)(a) of the Income Tax Act 2007. It is relevant to organisations applying funds to purposes within New Zealand and to purposes overseas. It is not relevant to organisations listed in schedule 32 of the Act. T  
Categories:
DEFINE - MAINLY  
DEFINE - WHOLLY  
DEFINE SAFE HARBOUR  
DONEE ORGANISATION  
FUNDING NZ  
FUNDING OVERSEAS  
INCOME TAX  
SAFE HARBOUR PERCENTAGE  
 
Legislation: Updated: 22 / 01 / 2019 
Reference:  
2018_30_10_003 
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Application for restoration to the Register of Companies 
 Description: The applicants sought orders to restore five companies to Register of Companies (the Register). The Court considered that on balance, the private and public interests favoured restoration of the relevant companies to the Register.  
Categories:
COMPANY REGISTER  
COMPANY RESTORATION  
LEGAL  
 
Referenced Entities: 
 Updated:  
Reference:  
2018_30_10_004 
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Application to extend time for SOP dismissed 
 Description: Two companies were in dispute with the Commissioner of Inland Revenue (the Commissioner) concerning GST input credits and had two months to issue Statements of Position (SOPs) in response to the Commissioners SOPs.  
Categories:
DISPUTE  
EXTENSION OF TIME  
GOODS AND SERVICES TAX - INPUT CREDITS  
STATEMENT OF POSITION (SOP)  
 
Legislation: Updated: 01 / 07 / 2019 
Reference:  
2018_30_10_005 
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An application for orders appointing a replacement liquidator 
 Description: The Commissioner of Inland Revenue (the Commissioner) applied for orders appointing a replacement liquidator for Mercantile Developments Limited by way of originating application without notice.  Application to extend time for SOP dismissed  
Categories:
LIQUIDATION  
STATEMENT OF POSITION (SOP)  
 
Referenced Entities: 
 Updated: 01 / 07 / 2019 
Reference:  
2018_30_10_006 
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High Court confirms deductions for bad debts not available as operating a 'Benevolence on the Conscience Loan Fund' not a money lending business 
 Description: Unsuccessful taxpayer appeal of a decision in the Taxation Review Authority. The High Court confirmed the Commissioner of Inland Revenues assessments disallowing two deductions for bad debts under s DB 31 of the Income Tax Act 2007 and imposing shortfall penalties under s 141A for not taking reasonable care.  
Categories:
BAD DEBT  
BUSINESS - LENDING  
LENDING  
LOAN FUND  
MONEY LENDING  
REASONABLE CARE  
 
Legislation: Updated: 17 / 01 / 2019 
Reference:  
2018_30_10_007 
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New Zealands ratification of the OECDs Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting 
 Description: New Zealand signed the MLI on 7 June 2017, and deposited its instrument of ratification with the MLI Depositary on 27 June 2018.  
Categories:
BASE EROSION  
DOUBLE TAXATION AGREEMENT  
MULTILATERAL INSTRUMENT (MLI)  
OECD  
PROFIT SHIFTING  
TAX TREATY  
 
Referenced Entities: 
 Updated: 22 / 01 / 2019 
Reference:  
2018_30_10_01 
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IS 18/04: Goods and services tax - single supply or multiple supplies 
 Description: During Public Consultation on QB 18/14: GST treatment of fees that suppliers charge customers for using a credit or debit card the Commissioner signalled that she would be re-issuing IS 17/03: Single supply or multiple supplies. The Commissioner was aware that some taxpayers had read example 4 of IS 17/03 as suggesting that a credit card surcharge would always be a separate exempt supply of financial services. This is not the Commissioner's position. IS 17/03 has therefore been re-issued as IS 18/04 to clarify that the provision of a payment facility will not always be an exempt supply of a financial service.  
Categories:
CREDIT CARD  
DEBIT CARD  
FEE  
FINANCIAL SERVICE  
GOODS AND SERVICES TAX  
SUPPLIER  
SUPPLIES  
SURCHARGE  
 
Updated: 22 / 01 / 2019 
Reference:  
2018_30_10_02 
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IS 18/05: Income tax - donee organisations - meaning of wholly or mainly applying funds to specified purposes in New Zealand 
 Description: This interpretation statement concerns donee organisations under s LD 3(2)(a) of the Income Tax Act 2007. It is relevant to organisations applying funds to purposes within New Zealand and to purposes overseas. It is not relevant to organisations listed in schedule 32 of the Act. T  
Categories:
DEFINE - MAINLY  
DEFINE - WHOLLY  
DEFINE SAFE HARBOUR  
DONEE ORGANISATION  
FUNDING NZ  
FUNDING OVERSEAS  
INCOME TAX  
SAFE HARBOUR PERCENTAGE  
 
Updated: 22 / 01 / 2019 
Reference:  
2018_30_10_03 
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Application for restoration to the Register of Companies 
 Description: The applicants sought orders to restore five companies to Register of Companies (the Register). The Court considered that on balance, the private and public interests favoured restoration of the relevant companies to the Register.  
Categories:
COMPANY REGISTER  
COMPANY RESTORATION  
LEGAL  
 
Referenced Entities: 
 Updated:  
Reference:  
2018_30_10_04 
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Application to extend time for SOP dismissed 
 Description: Two companies were in dispute with the Commissioner of Inland Revenue (the Commissioner) concerning GST input credits and had two months to issue Statements of Position (SOPs) in response to the Commissioners SOPs.  
Categories:
DISPUTE  
EXTENSION OF TIME  
GOODS AND SERVICES TAX - INPUT CREDITS  
STATEMENT OF POSITION (SOP)  
 
Updated: 01 / 07 / 2019 
Reference:  
2018_30_10_05 
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An application for orders appointing a replacement liquidator 
 Description: The Commissioner of Inland Revenue (the Commissioner) applied for orders appointing a replacement liquidator for Mercantile Developments Limited by way of originating application without notice.  Application to extend time for SOP dismissed  
Categories:
LIQUIDATION  
STATEMENT OF POSITION (SOP)  
 
Referenced Entities: 
 Updated: 01 / 07 / 2019 
Reference:  
2018_30_10_06 
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High Court confirms deductions for bad debts not available as operating a 'Benevolence on the Conscience Loan Fund' not a money lending business 
 Description: Unsuccessful taxpayer appeal of a decision in the Taxation Review Authority. The High Court confirmed the Commissioner of Inland Revenues assessments disallowing two deductions for bad debts under s DB 31 of the Income Tax Act 2007 and imposing shortfall penalties under s 141A for not taking reasonable care.  Updated: 17 / 01 / 2019 
Reference:  
2018_30_10_07 
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