YA 2 Meaning of income tax varied
DTA and time bar provisions: ancillary tax

(1)

The term income tax includes ancillary tax in—

(a)

section BB 3(2) (Overriding effect of certain matters):

(b)

section BH 1 (Double tax agreements):

(c)

sections 107A to 108B of the Tax Administration Act 1994.

DTA provisions: tax recovery agreements

(2)

The term income tax includes a tax that is prescribed in a tax recovery agreement made under Part 10A of the Tax Administration Act 1994 in—

General tax avoidance provisions: ancillary tax

(3)

The term income tax includes ancillary tax, but not excluded ancillary tax, in—

(b)

sections BG 1 (Tax avoidance), GA 1 (Commissioner’s power to adjust), and GB 54 (Arrangements involving establishments):

(c)

the definition of tax avoidance.

Modified application of section GA 1

(4)

When section GA 1 is applied in the case of an ancillary tax,—

(a)

the words “taxable income” in section GA 1(2) are treated as replaced by the words “liability to the ancillary tax”; and

(b)

the following paragraph is treated as added to section GA 1(5): “(e) an amount subject to the ancillary tax”.

Tax of other countries

(5)

The term income tax, when specifically used in relation to tax of another country, whether imposed by a central, state, or local government,—

(a)

means a tax of substantially the same nature as income tax imposed under section BB 1 (Imposition of income tax); and

(b)

includes a tax, imposed as a collection mechanism for the foreign tax, that is of substantially the same nature as provisional tax, pay-as-you-earn (PAYE), resident withholding tax (RWT), or non-resident withholding tax (NRWT).

UFTC rules[Repealed]

(6)

[Repealed]

Imputation and BETA rules

(7)

The term income tax, in relation to tax that has been paid by a person, includes provisional tax in—

(a)
[Repealed]

(b)

the imputation rules:

(c)

subpart OE (Branch equivalent tax accounts (BETA)).

Defined in this Act: after-income tax earnings, ancillary tax, BETA, double tax agreement, excluded ancillary tax, fixed-rate share, imputation rules, income tax, NRWT, PAYE, provisional tax, RWT, tax, tax avoidance, taxable income

Compare: 2004 No 35 ss HG 12(2), IZ 7, MB 12, ME 9(6), MI 10(5), MI 21(5), MK 8(6), NC 20(1), ND 1W(2), NE 7(2), NF 13, NG 17(2), NH 3(7), OB 6

Section YA 2(3)(b): amended (with effect on 1 July 2018), on 18 March 2019, by section 279(1) (and see section 279(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).

Section YA 2(5): amended (with effect on 1 April 2008), on 21 December 2010 (applying for the 2008–09 and later income years), by section 133(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).

Section YA 2(6) heading: repealed (with effect on 30 June 2009), on 6 October 2009, pursuant to section 558(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YA 2(6): repealed (with effect on 30 June 2009), on 6 October 2009, by section 558(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section YA 2(7) heading: replaced, on 1 April 2017, by section 289(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).

Section YA 2(7)(a): repealed, on 1 April 2017, by section 289(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).

Section YA 2 list of defined terms FDP rules: repealed, on 1 April 2017, by section 289(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).