Taxation (Definitions of Dependent Child) Bill
Taxation (Definitions of Dependent Child) Bill
Taxation (Definitions of Dependent Child) Bill
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Taxation (Definitions of Dependent Child) Bill
Government Bill
125—3C
As reported from the committee of the whole House
This bill was formerly part of the Social Assistance (New Work Tests, Incentives, and Obligations) Amendment Bill as reported from the Social Services Committee. The committee of the whole House has divided it into the following bills:
Children, Young Persons, and Their Families Amendment Bill comprising clauses 1 and 2, and Part 1
Education Amendment Bill (No 3) comprising Part 2
This bill comprising Part 3
Social Security (New Work Tests, Incentives, and Obligations) Amendment Bill comprising Part 4, and Schedules 1 to 3
War Pensions Amendment Bill (No 3) comprising Part 5.
Hon Paula Bennett
Taxation (Definitions of Dependent Child) Bill
Government Bill
125—3C
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Taxation (Definitions of Dependent Child) Act 2010.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
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7 Purpose
The purpose of this Part is to make amendments to the definitions of dependent child in the Income Tax Act 1976, Income Tax Act 1994, Income Tax Act 2004, and Income Tax Act 2007.
Amendment to Income Tax Act 1976
8 Interpretation
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(1) In section 374A, in the definition of dependent child, the following is inserted after paragraph (d):
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“(da) despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
“(i) of whom the person is a parent within the meaning of that Act; and
“(ii) to whom section 361 of that Act applies; and
“(iii) who, under section 362 of that Act, is placed in the charge of the person; and”.
(2) Subsection (1) applies for the 1991–92 and subsequent income years and only for the purpose of validating payments of family support credits of tax made under Part 11A of the Income Tax Act 1976 in relation to any of those income years.
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Amendment to Income Tax Act 1994
9 Definitions
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(1) In section OB 1, in the definition of dependent child, the following is inserted after paragraph (d):
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“(da) despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
“(i) of whom the person is a parent within the meaning of that Act; and
“(ii) to whom section 361 of that Act applies; and
“(iii) who, under section 362 of that Act, is placed in the charge of the person; and”.
(2) Subsection (1) applies for the 1995–96 and subsequent income years and only for the purpose of validating payments of any credits of tax made under subpart KD of the Income Tax Act 1994 in relation to any of those income years.
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Amendment to Income Tax Act 2004
10 Definitions
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(1) In section OB 1, in the definition of dependent child, the following is inserted after paragraph (d):
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“(da) despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
“(i) of whom the person is a parent within the meaning of that Act; and
“(ii) to whom section 361 of that Act applies; and
“(iii) who, under section 362 of that Act, is placed in the charge of the person; and”.
(2) Subsection (1) applies for the 2005–06 and later income years and only for the purpose of validating payments of credits of tax made under subpart KD of the Income Tax Act 2004 made in relation to any of those income years.
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Amendment to Income Tax Act 2007
11 Definitions
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(1) In section YA 1, the definition of dependent child is replaced by the following:
“dependent child, for a child and a person,—
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“(a) means a child—
“(i) whose care is primarily the responsibility of the person; and
“(ii) who is maintained as a member of that person's family; and
“(iii) who is financially dependent on that person:
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“(b) does not include a child in relation to whom—
“(i) a payment is made under section 363 of the Children, Young Persons, and Their Families Act 1989:
“(ii) a benefit is being paid under section 28 or 29 of the Social Security Act 1964:
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“(c) despite paragraph (b)(i), includes a child or a young person, as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989,—
“(i) of whom the person is a parent within the meaning of that Act; and
“(ii) to whom section 361 of that Act applies; and
“(iii) who, under section 362 of that Act, is placed in the charge of the person”.
(2) Subsection (1) applies for the 2008–09 and later income years.
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Legislative history | |
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| 17 August 2010 | Divided from Social Assistance (New Work Tests, Incentives, and Obligations) Amendment Bill (Bill 125–2) by committee of the whole House as Bill 125–3C |
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Versions
Taxation (Definitions of Dependent Child) Bill
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