Income Tax Act 2007 No 97 (as at 06 October 2009), Public Act

  • not the latest version

Reprint as at 6 October 2009

Income Tax Act 2007

Public Act2007 No 97
Date of assent1 November 2007

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Inland Revenue Department


Contents

Business generally

Schemes for profit

Personal property

Land

Exclusions for residential land

Exclusions for business premises

Exclusions for farm land

Exclusion for investment land

Timber

Investments

Farming, forestry, or fishing

Environmental restoration

Minerals

Intellectual property

Transfer of business

Stolen property

Mutual associations

Partners and partnerships

Emissions units under Climate Change Response Act 2002

Land use

Financial instruments

Royalties

Finance leases

Hire purchase agreements

Income

What is a dividend?

What is not a dividend?

Calculation rules

Attributed repatriation calculation rules

[Repealed]

Prevention of double taxation

Returning share transfers

Employment income

Definitions

Attributed income

Restrictive covenants and exit inducement payments

Income protection insurance

Tax credits

Matching rules: revenue account property, prepayments, and deferred payments

Change to accounting practice

Goods and services tax (GST)

Finance leases

Avoidance and non-market transactions

Interest apportionment on thin capitalisation

Attributed controlled foreign company income

Foreign investment fund income

Withdrawals

Exclusions

Transfers to or from superannuation funds and superannuation schemes

Treatment of amounts when superannuation fund becomes superannuation scheme or vice versa

Treatment of distributions when superannuation fund wound up

Treatment of loans to members

Definitions

Introductory provision

Income from mining

Definitions

Income from business or trade-like activities

Income from holding property (excluding equity)

Income from equity

Employee or contractor income

Certain income of transitional resident

Income from living allowances, compensation, and government grants

Income of certain entities

Partners and partnerships

Income from certain activities

Goods and services tax

Fringe benefits

Introductory provisions

Fringe benefits

Exclusions and limitations

Definitions

Insurance

Petroleum mining

Mineral mining

Government grants

Government funding of film and television

Research and development

Superannuation and savings

Farming, forestry, or fishing

Emissions units under Climate Change Response Act 2002

Environmental restoration

Inflation-indexed instruments

Share-lending arrangements

Portfolio investment income

Minors’ beneficiary income

Transactions between companies in consolidated groups

Avoidance arrangements

Partners and partnerships

Taxes

Financing costs

Financial arrangements adjustments

Share-lending arrangements

Premises or land costs

Revenue account property

Bad debts

Research and development

Marketing

Theft and bribery

Pollution control

Repayments

Matching rules: revenue account property, prepayments, and deferred payments

Adjustments for leases that become finance leases

Change to accounting practice

Investment income

Exempt income

Use of motor vehicle under certain arrangements

Payments to spouses, civil union partners, or de facto partners

Avoidance and non-market transactions

Emissions units and liabilities under Climate Change Response Act 2002

Legal expenses

Introductory provisions

Actual records

Logbook

Mileage rates

Attributed controlled foreign company (CFC) loss

Foreign investment fund (FIF) loss

Farming

Aquaculture

Petroleum exploration expenditure

Petroleum development expenditure

Other expenditure

General provisions

Superannuation funds

Other entities

Partners and partnerships

Introductory provisions

Standard valuation

Low-turnover valuation

Low value trading stock

Disposal of business assets

Introductory provisions

Valuation of specified livestock

Herd scheme

National standard cost scheme

Other methods

Partnerships: cost price and national standard cost scheme

Definitions

Valuation of non-specified livestock

Valuation of high-priced livestock

Valuation of bloodstock

Introductory provision

Meaning of own

Meaning of depreciable property

How amounts of depreciation loss and depreciation recovery income are calculated

Methods

Amount of depreciation loss under diminishing value method or straight-line method

Amount of depreciation loss under pool method

Depreciation rates

Improvements, items of low value, or items no longer used

Transfers of depreciable property: associated persons and certain amalgamations

Disposals and similar events

Interpretation provisions

Adjusted tax value

Definitions

Introductory provisions

Main income equalisation scheme

Application

Deposits and accounts

Interest

Deduction

Refunds: automatic

Refunds: on application

Refunds: general provisions

Tax credit

Definitions

Adverse event income equalisation scheme

Application

Deposits and accounts

Interest

Deduction

Refunds: automatic

Refunds: on application

Refunds: general provisions

Transfers

Definitions

Thinning operations income equalisation scheme

Application

Deposits and accounts

Interest

Deductions

Refunds: automatic

Refunds: on application

Refunds: general provisions, and tax credits

Definitions

Farming and forestry

Inflation-indexed instruments

Intellectual property

Land

Shareholder-employees

Farming and forestry

Films

Leases

Petroleum mining

Definitions

Superannuation contributions

Research, development, and resulting market development

Introductory provisions

Meaning of financial arrangement and excepted financial arrangement

Application of financial arrangements rules

Calculation and allocation of income and expenditure over financial arrangement’s term

Calculation and allocation of income and expenditure when rights and obligations under financial arrangement cease

Consideration

Consideration when financial arrangement involves property or services

Consideration treated as paid to person

Consideration treated as paid by person

Consideration when legal defeasance has occurred

Consideration when anti-avoidance provision applies

Income and deduction provisions specifically related to financial arrangements

Treatment of original share acquired under financial arrangement

One kind of avoidance

Application of financial arrangements rules to cash basis persons

EW 56 Natural person [Repealed]

Controlled foreign company (CFC) rules

When is a company a controlled foreign company?

Calculation of person’s control interest

Calculation of person’s income interest

Ten percent threshold and variations in income interest level

Calculation of attributed CFC income or loss

Attributable CFC amount and net attributable CFC income or loss

Calculation of branch equivalent income or loss

[Repealed]

Non-attributing active CFCs

Tests for non-attributing active CFCs

Non-attributing Australian CFCs

Change of residence of companies

Change of CFC’s balance date

Ownership measurement concession

Anti-avoidance rule: stapled stock

Foreign investment fund (FIF) rules

What is a foreign investment fund?

Attributing interests in FIFs

Calculation of FIF income or loss

Relationship with other provisions in Act

Changing calculation method

Cases of entry into and exit from FIF rules

Measurement of cost

Change of FIF’s balance date

Market value rules

Commissioner’s default assessment power

Introductory provisions

Premium loading

Mortality profit

Discontinuance profit

Policyholder income

Disposal of property

Non-resident life insurers

Life insurance

Petroleum mining

Livestock

Patent rights

Leases of land

Depreciation

Definitions

Accident insurance

Controlled foreign company and foreign investment fund rules

Old financial arrangements rules

Introductory provision

Debentures and shares

Leases

Finance leases

Hire purchase agreements

Introductory provisions

Exceptions for property transferred on death of person

Introductory provisions

Interest apportionment rules

Calculations

Debt percentage of New Zealand group

Debt percentage of worldwide group

New Zealand banking group

Determining membership of groups

New Zealand group

Worldwide group

New Zealand banking group

Measuring ownership interests in companies

Introductory provisions

[Repealed]

Interest apportionment rule

[Repealed]

Membership and debt percentages of foreign groups

[Repealed]

Introductory provisions

Calculating taxable income for consolidated group returns

Accounting generally

Accounting for particular property

Treatment of foreign dividends

[Repealed]

Membership of consolidated groups

Eligibility and restrictions

Nominated companies

Forming, joining, or leaving consolidated groups

When membership starts and stops