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Volume: 32, Issue: 03 (2020)

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Fri 1 Nov 15:24 PM

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


Year: 2020, Volume 32, Issue: 03
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New Legislation

TAXATION (USE OF MONEY INTEREST RATES SETTING PROCESS) AMENDMENT REGULATIONS 2020
 
Description: The Taxation (Use of Money Interest Rates Setting Process) Regulation 1997 outlines the methodology to be used when setting the use of money interest rates.

Categories: INTEREST (UOMI)  RATES 

Updated: 
Reference: 
2020_32_03_001
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TAX ADMINISTRATION (DIRECT CREDIT OF REFUNDS OF EXCESS FINANCIAL SUPPORT AND STUDENT LOAN PAYMENTS) ORDER 2020
 
Description: An Order in Council has been made to include refunds for excess payments of financial support and student loan deductions as tax types refundable by direct credit under section 184A of the Tax Administration Act 1994. The provisions in sections 184A and 184B require tax refunds to be paid via direct credit to a bank account nominated by the taxpayer and were introduced to benefit taxpayers by eliminating time delays associated with the postal system and costs related to cheques.

Updated: 
Reference: 
2020_32_03_002
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Legislation and determinations

2020 International tax disclosure exemption ITR31
 
Description: Section 61 of the Tax Administration Act 1994 ('TAA') requires taxpayers to disclose interests in foreign entities. Section 61(1) of the TAA states that a person who has a control or income interest in a foreign company or an attributing interest in a foreign investment fund ('FIF') at any time during the income year must disclose the interest held. In the case of partnerships, disclosure needs to be made by the individual partners in the partnership. The partnership itself is not required to disclose. Section 61(2) of the TAA allows the Commissioner of Inland Revenue to exempt any person or class of persons from this requirement if disclosure is not necessary for the administration of the international tax rules (as defined in section YA 1) contained in the Income Tax Act 2007 ("ITA").

Updated: 
Reference: 
2020_32_03_003
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Interpretation Statements

IS 20/01: Income tax - treatment of the receipt of lump sum settlement payments
 
Description: The focus of this statement is setting out how the Commissioner will treat a lump sum payment received under a settlement agreement for claims that (if successful) would have resulted in receipts of both a capital and revenue nature. Whether a settlement payment is taxable depends on what it is paid for - in this case, what was given up in return for the payment - and its nature in the hands of the recipient. It is essential to first determine what a payment is for before determining whether apportionment is necessary.

Updated: 
Reference: 
2020_32_03_004
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Standard Practice Statement

SPS 20/02: Loss offset elections between group companies
 
Description: The purpose of the loss offset provisions is to allow those companies that incur losses to utilise those losses even where different entities are involved. This means that there is similarity in the tax treatment of a group of companies, each carrying on separate enterprises, as compared with a single company that carries on the same enterprises in separate divisions.

Updated: 
Reference: 
2020_32_03_005
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Legal Descisions - Case Notes

Court of Appeal decides forgiveness of debt can be a charitable gift qualifying a taxpayer for donation tax credit
 
Description: This was an appeal of the High Court's decision that Nancy Lois Roberts' forgiveness of debt was a 'charitable or other public benefit gift' within s LD 3(1)(a) of the Income Tax Act 2007 (the ITA) qualifying her for a donation tax credit (Nancy Lois Roberts v Commissioner of Inland Revenue [2018] NZHC 2153).

Updated: 
Reference: 
2020_32_03_006
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