Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014

  • This version was replaced on 19 July 2018 to make corrections to sections 15, 18, 40, 60(1), 86(1) and (4), 87(1), 128, 141(1), 142, and 191 under section 25(1)(k) of the Legislation Act 2012.
185 Section 2 amended (Interpretation)

(1)

In section 2(1), in the definition of commercial dwelling, replace paragraph (b)(ii) with:

(ii)

a dwelling referred to in paragraph (b)(iii) of the definition of dwelling:

(2)

In section 2(1), in the definition of dwelling, in paragraph (b)(ii), replace “the premises; and” with “the premises:” and insert:

(iii)

despite paragraph (a)(ii), a residential unit in a retirement village or rest home when the consideration paid or payable for the supply of accommodation in the unit is for the right to occupy the unit; and

(3)

In section 2(1), in the definition of resident, after paragraph (b), insert:

(c)

the effect of the rules in section YD 1(4) and (6) of that Act are ignored in determining the residence or non-residence of a natural person, and residence is treated as—

(i)

starting on the day immediately following the relevant day that triggers residence under section YD 1(3) of that Act; or

(ii)

ending on the day immediately following the relevant day that triggers non-residence under section YD 1(5) of that Act

(4)

Subsections (1) and (2) apply for the 2011–12 and later income years. However, subsections (1) and (2) do not apply to a person in relation to a tax position taken by them—

(a)

in the period from 1 April 2011 to 31 March 2015; and

(b)

relating to tax treatment of a residential unit in a rest home or retirement village; and

(c)

relying on the definitions of commercial dwelling and dwelling as they were before the amendments made by subsections (1) and (2).