Volume: 30, Issue: 11 (2018)
BR Prd 18/04: Harbour Fund III G.P. Limited 
 Description: The Arrangement is the receipt by the Harbour Fund III Limited Partnership (the Fund) of proceeds under individual funding agreements that the Fund will enter into with litigation claimants in a proposed class action against Steel & Tube New Zealand Limited and/or Steel & Tube Holdings Limited (and possibly other steel manufacturing companies) under which the Fund will agree to pay all legal and other costs incurred by the claimants in return for a share of the proceeds.  
Categories:
BINDING RULING  
FUND  
 
Legislation: 
 
 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_001 
Feedback
 | 
BR Prd 18/05: PGG Wrightson Limited 
 Description: This ruling applies to the return of excess capital in PGG Wrightson Limited to its shareholders by way of an off-market, prorata repurchase and cancellation of PGG Wrightson Limited shares, following the sale of PGG Wrightson Seeds Holdings Limited.  
Categories:
BINDING RULING  
CAPITAL - EXCESS  
 
Legislation: Referenced Entities: 
 Updated: 02 / 01 / 2018 
Reference:  
2018_30_11_002 
Feedback
 | 
IS 18/06 - Income tax - treatment of costs of resource consents 
 Description: This Interpretation Statement addresses the various ways that the cost of a resource consent can be deducted or depreciated. Depending on the circumstances, expenditure may be deductible under the principles in IS 17/01: 'Income tax - deductibility of feasibility expenditure', as expenditure on revenue account or under a specific provision in the Income Act 2007.  Updated: 18 / 12 / 2018 
Reference:  
2018_30_11_003 
Feedback
 | 
Foreign currency amounts - conversion to New Zealand dollars (for the six months ending 30 September 2018) 
 Description:  
Categories:
CONTROLLED FOREIGN COMPANY (CFC)  
CURRENCY  
FOREIGN CURRENCY  
FOREIGN INVESTMENT FUND (FIF)  
 
Legislation: 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_004 
Feedback
 | 
Horse racing club entitled to GST input deduction on stakes paid to GST-registered riders and trainers 
 Description: This case involved the issue of entitlement to input tax deductions under the Goods and Services Tax Act 1985 for stakes payments paid to GST registered trainers and jockeys in the horse racing industry. Canterbury Jockey Club Inc ('CJC') had claimed GST input deductions on stakes payments paid to GST registered trainers and riders in horse races CJC conducted.  
Categories:
DEFINE - SUPPLY  
GOODS AND SERVICES TAX  
HORSE RACING  
INPUT DEDUCTION  
PAYMENTS - STAKES  
RACING - HORSE  
 
Referenced Entities: 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_005 
Feedback
 | 
Commissioners application to strike out a judicial review application granted 
 Description: Mr Mawhinney, as trustee of the Sixty-Six Auckland Trust ('the Trust') applied for a judicial review of decisions by the Commissioner of Inland Revenue ('the Commissioner') and the Taxation Review Authority ('the TRA'). The Trust challenged: (1) the Commissioners decision not to complete the disputes process pursuant to the Trusts notice of proposed adjustment ('NOPA'); (2) the Commissioners decision to invoke s 89C(eb) in respect of the 2008 reassessment; and (3) the TRAs decision to strike out its challenge in relation to the 2008 reassessment.  
Categories:
DISPUTES PROCESS  
JUDICIAL REVIEW  
NOTICE OF PROPOSED ADJUSTMENT  
TAXATION REVIEW AUTHORITY  
 
Legislation: Referenced Entities: 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_006 
Feedback
 | 
Parents payments to private school were not unconditional gifts, but were consideration for the supply of education services and subject to GST 
 Description: The disputant challenged the assessments for goods and services tax ('GST') made by the Commissioner of Inland Revenue ('the Commissioner') for the seven six-monthly GST periods. The disputant argued it was not liable to pay output GST on payments made by parents at one of their schools, as those payments were charitable donations and therefore were unconditional gifts. However, the Commissioner argued those payments were consideration for the provision of education services by the disputant and therefore liable for output GST. The Taxation Review Authority ('the Authority') found in favour of the Commissioner.  
Categories:
CHARITABLE DONATION  
DEFINE - CONSIDERATION  
GIFT - UNCONDITIONAL GIFT  
GOODS AND SERVICES TAX  
SCHOOL - PRIVATE  
TAXATION REVIEW AUTHORITY  
 
Legislation: 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_007 
Feedback
 | 
Accountant loses appeal in High Court for expenditure on rental properties and treatment of trust income and expenses 
 Description: This decision concerns the appellant taxpayers (Mr Wong) appeal against the Taxation Review Authoritys ('the Authority') decision upholding the Commissioner of Inland Revenues ('the Commissioner') assessments in the 2013 and 2014 income years (TRA Case 09/16 [2017] NZTRA 04). The Commissioner disallowed interest and other expenditure on funds borrowed to purchase properties for commercial rental having the effect of increasing Mr Wong's taxable income. The High Court was not satisfied that Mr Wong had discharged his onus of showing how and by how much the Commissioners assessments were wrong ultimately finding the Authoritys decision correct in all respects and disallowing the appeal.  
Categories:
INTEREST DEDUCTIONS  
ONUS OF PROOF  
RENTAL PROPERTY - EXPENSES  
SHORTFALL  
TAXATION REVIEW AUTHORITY  
TRUST EXPENSES  
TRUST INCOME  
 
Legislation: Updated: 23 / 12 / 2018 
Reference:  
2018_30_11_008 
Feedback
 | 
BR Prd 18/04: Harbour Fund III G.P. Limited 
 Description: The Arrangement is the receipt by the Harbour Fund III Limited Partnership (the Fund) of proceeds under individual funding agreements that the Fund will enter into with litigation claimants in a proposed class action against Steel & Tube New Zealand Limited and/or Steel & Tube Holdings Limited (and possibly other steel manufacturing companies) under which the Fund will agree to pay all legal and other costs incurred by the claimants in return for a share of the proceeds.  
Categories:
BINDING RULING  
FUND  
 
Referenced Entities: 
 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_01 
Feedback
 | 
BR Prd 18/05: PGG Wrightson Limited 
 Description: This ruling applies to the return of excess capital in PGG Wrightson Limited to its shareholders by way of an off-market, prorata repurchase and cancellation of PGG Wrightson Limited shares, following the sale of PGG Wrightson Seeds Holdings Limited.  
Categories:
BINDING RULING  
CAPITAL - EXCESS  
 
Referenced Entities: 
 Updated: 02 / 01 / 2018 
Reference:  
2018_30_11_02 
Feedback
 | 
IS 18/06 - Income tax - treatment of costs of resource consents 
 Description: This Interpretation Statement addresses the various ways that the cost of a resource consent can be deducted or depreciated. Depending on the circumstances, expenditure may be deductible under the principles in IS 17/01: 'Income tax - deductibility of feasibility expenditure', as expenditure on revenue account or under a specific provision in the Income Act 2007.  Updated: 18 / 12 / 2018 
Reference:  
2018_30_11_03 
Feedback
 | 
Foreign currency amounts - conversion to New Zealand dollars (for the six months ending 30 September 2018) 
 Description:  
Categories:
CONTROLLED FOREIGN COMPANY (CFC)  
CURRENCY  
FOREIGN CURRENCY  
FOREIGN INVESTMENT FUND (FIF)  
 
Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_04 
Feedback
 | 
Horse racing club entitled to GST input deduction on stakes paid to GST-registered riders and trainers 
 Description: This case involved the issue of entitlement to input tax deductions under the Goods and Services Tax Act 1985 for stakes payments paid to GST registered trainers and jockeys in the horse racing industry. Canterbury Jockey Club Inc ('CJC') had claimed GST input deductions on stakes payments paid to GST registered trainers and riders in horse races CJC conducted.  
Categories:
DEFINE - SUPPLY  
GOODS AND SERVICES TAX  
HORSE RACING  
INPUT DEDUCTION  
PAYMENTS - STAKES  
RACING - HORSE  
 
Referenced Entities: 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_05 
Feedback
 | 
Commissioners application to strike out a judicial review application granted 
 Description: Mr Mawhinney, as trustee of the Sixty-Six Auckland Trust ('the Trust') applied for a judicial review of decisions by the Commissioner of Inland Revenue ('the Commissioner') and the Taxation Review Authority ('the TRA'). The Trust challenged: (1) the Commissioners decision not to complete the disputes process pursuant to the Trusts notice of proposed adjustment ('NOPA'); (2) the Commissioners decision to invoke s 89C(eb) in respect of the 2008 reassessment; and (3) the TRAs decision to strike out its challenge in relation to the 2008 reassessment.  
Categories:
DISPUTES PROCESS  
JUDICIAL REVIEW  
NOTICE OF PROPOSED ADJUSTMENT  
TAXATION REVIEW AUTHORITY  
 
Referenced Entities: 
 Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_06 
Feedback
 | 
Parents payments to private school were not unconditional gifts, but were consideration for the supply of education services and subject to GST 
 Description: The disputant challenged the assessments for goods and services tax ('GST') made by the Commissioner of Inland Revenue ('the Commissioner') for the seven six-monthly GST periods. The disputant argued it was not liable to pay output GST on payments made by parents at one of their schools, as those payments were charitable donations and therefore were unconditional gifts. However, the Commissioner argued those payments were consideration for the provision of education services by the disputant and therefore liable for output GST. The Taxation Review Authority ('the Authority') found in favour of the Commissioner.  
Categories:
CHARITABLE DONATION  
DEFINE - CONSIDERATION  
GIFT - UNCONDITIONAL GIFT  
GOODS AND SERVICES TAX  
SCHOOL - PRIVATE  
TAXATION REVIEW AUTHORITY  
 
Updated: 02 / 01 / 2019 
Reference:  
2018_30_11_07 
Feedback
 | 
Accountant loses appeal in High Court for expenditure on rental properties and treatment of trust income and expenses 
 Description: This decision concerns the appellant taxpayers (Mr Wong) appeal against the Taxation Review Authoritys ('the Authority') decision upholding the Commissioner of Inland Revenues ('the Commissioner') assessments in the 2013 and 2014 income years (TRA Case 09/16 [2017] NZTRA 04). The Commissioner disallowed interest and other expenditure on funds borrowed to purchase properties for commercial rental having the effect of increasing Mr Wong's taxable income. The High Court was not satisfied that Mr Wong had discharged his onus of showing how and by how much the Commissioners assessments were wrong ultimately finding the Authoritys decision correct in all respects and disallowing the appeal.  
Categories:
INTEREST DEDUCTIONS  
ONUS OF PROOF  
RENTAL PROPERTY - EXPENSES  
SHORTFALL  
TAXATION REVIEW AUTHORITY  
TRUST EXPENSES  
TRUST INCOME  
 
Updated: 23 / 12 / 2018 
Reference:  
2018_30_11_08 
Feedback
 |