Reprint as at 6 October 2009
| Public Act | 2007 No 97 |
| Date of assent | 1 November 2007 |
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
BD 1 Income, exempt income, excluded income, nonresidents' foreign-sourced income, and assessable income
Exclusions for residential land
Exclusions for business premises
CB 27B Entering partners’ livestock income [Repealed]
Emissions units under Climate Change Response Act 2002
CD 33 Payments corresponding to notional distributions of producer boards and co-operative companies
Attributed repatriation calculation rules
[Repealed]
CD 46 New Zealand repatriation amount [Repealed]
CD 47 New Zealand property amount [Repealed]
CD 48 Cost of tangible property [Repealed]
CD 49 Cost of associated party equity [Repealed]
CD 52 Unrepatriated income balance [Repealed]
Restrictive covenants and exit inducement payments
Matching rules: revenue account property, prepayments, and deferred payments
Avoidance and non-market transactions
Interest apportionment on thin capitalisation
Attributed controlled foreign company income
Foreign investment fund income
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
Income from business or trade-like activities
CW 1 Forestry companies established by the Crown, Maori owners, and holding companies buying land with standing timber from founders
Income from holding property (excluding equity)
Certain income of transitional resident
Income from living allowances, compensation, and government grants
CW 37 Film production grants [Repealed]
Income from certain activities
CX 48B Issue of post-1989 forest land units [Repealed]
Government funding of film and television
Emissions units under Climate Change Response Act 2002
CX 55 Proceeds from certain disposals by portfolio investment entities or New Zealand Superannuation Fund
CX 56 Portfolio investor allocated income and distributions of income by portfolio investment entities
Transactions between companies in consolidated groups
CZ 5 Exempt interest: overseas money lent to government or local or public authority before 29 July 1983
CZ 13 Treatment of units and interests in unit trusts and group investment funds on issue as at 1 April 1996
Financial arrangements adjustments
Matching rules: revenue account property, prepayments, and deferred payments
DB 49 Adjustment for opening values of trading stock, livestock, and excepted financial arrangements
Adjustments for leases that become finance leases
Use of motor vehicle under certain arrangements
DB 56 Expenditure incurred in operating motor vehicle under agreement or arrangement affected by section CX 7
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
Attributed controlled foreign company (CFC) loss
Foreign investment fund (FIF) loss
DO 11B Entering partners’ livestock deduction [Repealed]
DP 8 Forestry business on land bought from the Crown, Maori owners, or holding company: no deduction
DP 9 Cost of acquiring timber: forestry business on land bought from the Crown, Maori owners, or holding company
Petroleum exploration expenditure
Petroleum development expenditure
DV 14 Amalgamated company: expenditure on improvements for farming, horticultural, aquacultural, and forestry businesses
DX 2 Tax credits: conduit financing arrangements [Repealed]
Valuation of specified livestock
Partnerships: cost price and national standard cost scheme
Valuation of non-specified livestock
Valuation of high-priced livestock
EC 41 Reduction: bloodstock not previously used for breeding in New Zealand other than as shuttle stallions
Meaning of depreciable property
How amounts of depreciation loss and depreciation recovery income are calculated
Amount of depreciation loss under diminishing value method or straight-line method
Amount of depreciation loss under pool method
EE 25 Depreciation loss for plant variety rights application granted in 2005–06 or later income year
Improvements, items of low value, or items no longer used
Transfers of depreciable property: associated persons and certain amalgamations
Main income equalisation scheme
Adverse event income equalisation scheme
Thinning operations income equalisation scheme
Refunds: general provisions, and tax credits
EH 77 Sections of main income equalisation scheme that apply to thinning operations income equalisation scheme
EJ 7 Film production expenditure for New Zealand films having no large budget screen production grant
EJ 19 Meaning of offshore development [Repealed]
Research, development, and resulting market development
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
Consideration when financial arrangement involves property or services
EW 32 Consideration for agreement for sale and purchase of property or services, hire purchase agreement, specified option, or finance lease
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
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
EX 13 Income interests of partners [Repealed]
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]
Tests for non-attributing active CFCs
Non-attributing Australian CFCs
EX 23 Tax concession grey list CFCs [Repealed]
Change of residence of companies
Ownership measurement concession
Anti-avoidance rule: stapled stock
Foreign investment fund (FIF) rules
What is a foreign investment fund?
Calculation of FIF income or loss
Relationship with other provisions in Act
EX 59 Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method
Cases of entry into and exit from FIF rules
Commissioner’s default assessment power
EY 19 Premium loading formulas: when life insurers not providing life insurance at start of income year
EY 29 Mortality profit formula: when life insurers not providing life insurance at start of income year
EZ 11 Amounts of depreciation recovery income and depreciation loss for part business use up to 2004–05 income year
EZ 12 Amount of depreciation loss for item acquired from associated person on or before 23 September 1997
EZ 13 Annual rate for item acquired on or after 1 April 1993 and before end of person’s 1994–95 income year
EZ 18 Section EZ 17 amount of depreciation loss when items transferred between companies in wholly-owned group before 1 April 1993
EZ 19 Section EZ 17 amount of depreciation loss when person previously exempt from tax acquires item
EZ 23 Economic rate for plant or equipment acquired before 1 April 2005 and buildings acquired before 19 May 2005
Controlled foreign company and foreign investment fund rules
EZ 32B Transitional rule for IFRS reporting [Repealed]
Old financial arrangements rules
EZ 47 Election to continue to treat certain excepted financial arrangements as financial arrangements
EZ 49 Determination of core acquisition price where consideration for property denominated in foreign currency
Exceptions for property transferred on death of person
Debt percentage of New Zealand group
Debt percentage of worldwide group
Determining membership of groups
Measuring ownership interests in companies
[Repealed]
FF 1 What this subpart does [Repealed]
FF 2 When interest apportionment rule applies [Repealed]
[Repealed]
FF 6 Conduit tax relief [Repealed]
FF 7 Surplus to foreign dividends [Repealed]
Membership and debt percentages of foreign groups
[Repealed]
FF 8 Identifying members of foreign groups [Repealed]
FF 11 Changes in foreign group membership [Repealed]
Calculating taxable income for consolidated group returns
Accounting for particular property
Treatment of foreign dividends
[Repealed]
FM 24 General treatment of foreign dividends [Repealed]
FM 25 Reduction in payments for foreign dividends [Repealed]
FM 26 Using tax losses to pay FDP [Repealed]
Membership of consolidated groups