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Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Bill
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Hon Judith Collins
Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Bill
Government Bill
130—3
Contents
Key
1
Title
2
Commencement
Part 1
Annual rates of income tax
3
Annual rates of income tax for 2016–17 tax year
Part 2
Amendments to Income Tax Act 2007
4
Income Tax Act 2007
5
Application of provisions related to non-resident financial arrangement income
6
Section BH 1 amended (Double tax agreements)
8
Section CB 6A amended (Disposal within 2 years: bright-line test for residential land)
8B
Section CB 6 amended (Disposal: land acquired for purpose or with intention of disposal)
9
Section CB 9 amended (Disposal within 10 years: land dealing business)
10
Section CB 10 amended (Disposal within 10 years: land development or subdivision business)
11
Section CB 11 amended (Disposal within 10 years of improvement: building business)
12
New heading and new section CB 15C inserted
Exclusions for bodies controlled by local authorities
CB 15C
Council-controlled organisations and other companies
13
Section CB 32B amended (Owners of look-through companies)
14
Section CB 32C replaced (Income for first year of look-through company)
CB 32C
Dividend income for first year of look-through company
15
Section CC 4 amended (Payments of interest)
16
Section CD 5 amended (What is a transfer of value?)
17
Section CD 15 amended (Tax credits linked to dividends)
18
Section CD 16 amended (Certain dividends not increased by tax credits)
19
Section CD 17 amended (Credit transfer notice)
20
Section CD 39 amended (Calculation of amount of dividend when property made available)
21
Section CD 40 amended (Adjustment if dividend recovered by company)
22
Section CD 43 amended (Available subscribed capital (ASC) amount)
23
Section CD 44 amended (Available capital distribution amount)
24
Section CD 53 amended (Prevention of double taxation of share cancellation dividends)
25
Section CE 5 amended (Meaning of expenditure on account of an employee)
26
Section CG 2 amended (Remitted amounts)
27
Section CG 2B repealed (Remitted amounts on discharge from bankruptcy)
28
New section CG 9 inserted (Recovery of deductions for aircraft engine overhaul)
CG 9
Recovery of deductions for aircraft engine overhaul
29
Section CQ 5 amended (When FIF income arises)
29B
Section CV 2 amended (Consolidated groups: income of company in group)
29C
Section CW 10 amended (Dividend within New Zealand wholly-owned group)
29D
Section CW 14 replaced (Dividends derived by qualifying companies)
CW 14
Dividends derived by qualifying companies
29E
Section CW 14 amended (Dividends derived by qualifying companies)
30
Section CW 19 amended (Amounts derived during short-term visits)
30B
Section CW 39 amended (Local authorities)
31
Section CX 5 amended (Relationship with exempt income)
32
Section CX 16 amended (Contributions to life or health insurance)
33
New section CX 19B inserted (Transport in vehicle other than motor vehicle)
CX 19B
Transport in vehicle other than motor vehicle
34
Section CX 47 amended (Government grants to businesses)
35
Heading and section CX 48D repealed
36
Section CX 63 amended (Dividends derived after company ceased to be look-through company)
36B
Section CZ 9 amended (Available capital distribution amount: 1965 and 1985–1992)
36C
Section CZ 9B repealed (Available capital distribution amount: 1988 to 2010)
37
New section CZ 34 inserted (Income arising from tax accounting provision for aircraft engine overhauls)
CZ 34
Income arising from tax accounting provision for aircraft engine overhauls
38
Section DB 7 amended (Interest: most companies need no nexus with income)
38B
Section DB 11 amended (Negative base price adjustment)
39
Section DB 13 amended (Repayment of debt disposed of at discount to associate of debtor)
40
Section DB 19 amended (Expenses in application for resource consent)
40B
Section DB 23 amended (Cost of revenue account property)
41
Section DB 31 amended (Bad debts)
41B
New section DV 18B inserted (Cost base for shares when debt forgiven within economic group)
DV 18B
Cost base for shares when debt forgiven within economic group
42
New sections DW 5 and DW 6 inserted
DW 5
Aircraft operators: aircraft engines and aircraft engine overhauls
DW 6
Aircraft operators: payments and adjustments under finance leases
43
New sections DZ 22 and DZ 23 inserted
DZ 22
Aircraft maintenance: aircraft engines acquired before 2017–18 income year
DZ 23
Aircraft maintenance: tax accounting provisions for expenditure incurred after 2016–17 income year
43B
Section EA 2 amended (Other revenue account property)
43C
Section EA 3 amended (Prepayments)
44
Section EC 26B amended (Entering partners’ cost base)
45
Section ED 1 amended (Valuation of excepted financial arrangements)
46
Section EE 1 amended (What this subpart does)
47
Section EE 7 amended (What is not depreciable property?)
48
Section EE 41 amended (Transfer of depreciable property on certain amalgamations on or after 14 May 2002)
49
Section EE 44 amended (Application of sections EE 48 to EE 52)
49B
Section EE 45 amended (Consideration for purposes of section EE 44)
50
Section EE 47 amended (Events for purposes of section EE 44)
51
Section EE 49 amended (Amount of depreciation recovery income when item partly used for business)
51B
Section EE 57 amended (Base value in section EE 56 when none of sections EE 58, EE 59, and EZ 22(1) applies)
51C
Section EE 58 amended (Base value in section EE 56 when no previous deduction)
51D
Section EE 60 amended (Total deductions in section EE 56)
52
Section EJ 2 amended (Spreading forward of deductions for repairs to fishing boats)
53
New heading and new sections EJ 24, EJ 25, EJ 26, and EJ 27 inserted
Aircraft engine overhauls
EJ 24
Allocation of expenditure on aircraft engine overhauls
EJ 25
Allocation of expenditure on aircraft engine overhauls: election by IFRS user
EJ 26
Allocation of expenditure on aircraft engine overhauls: election by operator of single aircraft
EJ 27
Disposal of aircraft engine or aircraft
54
Section EW 5 amended (What is an excepted financial arrangement?)
54B
Section EW 8 amended (Election to treat certain excepted financial arrangements as financial arrangements)
55
Section EW 11 amended (What financial arrangements rules do not apply to)
56
Section EW 31 amended (Base price adjustment formula)
56B
Section EW 39 amended (Consideration affected by unfavourable factors)
57
New section EW 46C inserted (Consideration when debt forgiven within economic group)
EW 46C
Consideration when debt forgiven within economic group
57B
Section EW 46C amended (Consideration when debt forgiven within economic group)
58
Section EW 49 amended (Income and deduction when debt disposed of at discount to associate of debtor)
59
New section EW 49B inserted (Guarantees
within economic group
for associated persons
)
EW 49B
Guarantees
within economic group
for associated persons
60
Section EX 46 amended (Limits on choice of calculation methods)
61
Section EY 2 amended (Policyholder base)
62
Section EY 3 amended (Shareholder base)
62B
Section EY 16 amended (Policyholder base allowable deductions: non-participation policies)
63
New section EY 16B inserted (Policyholder base allowable deductions: consideration for investment management services)
EY 16B
Policyholder base allowable deductions: consideration for investment management services
64
Section EY 17 amended (Policyholder base income: profit participation policies)
66
New section EY 19B inserted (Shareholder base income: consideration credited for investment management services)
EY 19B
Shareholder base income: consideration credited for investment management services
67
Section EY 21 amended (Shareholder base income: profit participation policies)
68
Section EY 23 amended (Reserving amounts for life insurers: non-participation policies)
69
Section EY 25 amended (Premium smoothing reserving amount: non-participation policies not annuities)
70
Section EY 28 amended (Shareholder base other profit: profit participation policies that are existing business)
71
Section EY 29 amended (Shareholder base other profit: profit participation policies that are new business)
72
New section EZ 23BA inserted (Aircraft acquired before 2017–18 income year: adjusted tax value, base value, reduced; total deductions increased)
EZ 23BA
Aircraft acquired before 2017–18 income year: adjusted tax value, base value, reduced; total deductions increased
72B
New section EZ 23BC inserted (Property acquired after depreciable property affected by Hurunui/Kaikōura earthquakes)
EZ 23BC
Property acquired after depreciable property affected by Hurunui/Kaikōura earthquakes
72C
New heading and sections EZ 78 and EZ 79 inserted
Damage from Hurunui/Kaikōura earthquakes
EZ 78
Insurance for Hurunui/Kaikōura earthquake damage of property: treatment as disposal and reacquisition
EZ 79
Insurance for Hurunui/Kaikōura earthquake damage of property: limit on depreciation recovery income
73
Section FA 4 amended (Recharacterisation of shareholder’s base: company repurchasing share)
74
Section FA 9 amended (Treatment when lease ends: lessee acquiring asset)
75
Section FA 10 amended (Treatment when lease ends: lessor acquiring asset)
76
Section FA 11 amended (Adjustments for leases that become finance leases)
77
Section FC 1 amended (Disposals to which this subpart applies)
78
Section FC 2 amended (Transfer at market value)
79
New heading and new section FC 10 inserted
Bankruptcy or insolvency of person under Insolvency Act 2006
FC 10
Transfers from person to Official Assignee under Insolvency Act 2006
80
Section FE 2 amended (When this subpart applies)
80B
Section FE 4 amended (Some definitions)
81
Section FE 9 amended (Elections)
82B
Section FE 36B amended (Identifying members of the New Zealand banking group: Crown-owned, no interest apportionment)
83
New subpart FG inserted (Treatment of notional loans to New Zealand branches of foreign banks)
Subpart FG—Treatment of notional loans to New Zealand branches of foreign banks
FG 1
When this subpart applies
FG 2
Notional loans
FG 3
Notional interest
84
Section FM 6 amended (Some general rules for treatment of consolidated groups)
85
Section FM 7 amended (Treatment of amounts derived or expenditure incurred)
85B
Section FM 9 amended (Amounts that are company’s income)
86
Section FM 27 repealed (Refunds of FDP)
87
Section FM 28 repealed (Refund when consolidated group has loss)
88
Section FM 29 repealed (Treatment of credit balance in consolidated group’s FDP account)
89
Section FM 30 amended (Application of certain provisions to consolidated groups)
90
Section FM 30 amended (Application of certain provisions to consolidated groups)
91
Section FO 12 amended (Financial arrangements: resident’s restricted amalgamation, companies in wholly-owned group)
91B
Section FO 18 amended (When amalgamating companies are parties to financial arrangement)
92
Section FO 20 amended (Calculation of outstanding accrued balance: amounts remitted)
92B
New section FO 21 inserted (When amalgamating companies are parties to financial arrangements: economic groups)
FO 21
When amalgamating companies are parties to financial arrangements: economic groups
93
Section FZ 6 amended (Transitional valuation rule for estate property)
94
Section GB 35 amended (Imputation arrangements to obtain tax advantage)
95
Section GB 36 amended (Reconstruction of imputation arrangements to obtain tax advantage)
96
Section GB 41 repealed (FDPA arrangements for carrying amounts forward)
97
Heading and section GB 50 amended (Arrangements involving partners)
98
Section HA 6 amended (Corporate requirements)
99
Section HA 15 amended (Fully imputed distributions)
99B
Section HA 17 amended (Dividends derived by qualifying companies)
100
Section HA 18 amended (Treatment of dividends when qualifying company status ends)
101
Section HA 19 amended (Credit accounts and dividend statements)
102
Section HA 24 amended (Treatment of tax losses other than certain foreign losses)
103
Section HA 41 amended (Calculating qualifying company election tax)
104
Section HB 4 amended (General provisions relating to disposals)
105
Section HB 11 amended (Limitation on deductions by persons with interests in look-through companies)
106
Section HB 13 amended (LTC elections)
107
Section HG 2 amended (Partnerships are transparent)
108
Section HG 5 amended (Disposal of partner’s interests)
109
Section HG 6 amended (Disposal of trading stock)
110
Section HG 7 amended (Disposal of depreciable property)
111
Section HG 8 amended (Disposal of financial arrangements and certain excepted financial arrangements)
112
Section HG 9 amended (Disposal of short-term agreements for sale and purchase)
113
Section HG 11 amended (Limitation on deductions by partners in limited partnerships)
114
Section HM 3 amended (Foreign PIE equivalents)
115
Section HM 19 amended (Requirements for listed PIEs: fully crediting distributions)
116
Section HM 52 amended (Use of foreign tax credits by zero-rated and certain exiting investors)
117
Section HM 70 amended (Maximum amount of formation losses allocated by multi-rate PIEs to investor classes)
118
Section HM 76 repealed (Transition: FDPA companies)
118B
New section HZ 4E inserted (Transition out of LTC regime for Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act
2016
)
HZ 4E
Transition out of LTC regime for Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act
2016
)
119
New section HZ 8 inserted (Retrospective transitional provision for market valuation under section HB 4)
HZ 8
Retrospective transitional provision for market valuation under section HB 4
120
Section IA 3 amended (Using tax losses in tax year)
121
New section IA 3B inserted (Tax losses and procedures under Insolvency Act 2006)
IA 3B
Tax losses and procedures under Insolvency Act 2006
122
Section IA 7 amended (Restrictions relating to ring-fenced tax losses)
123
Section IC 9 amended (Date for payment and notice to Commissioner)
124
Section IE 3 replaced (Treatment of tax losses by amalgamated company)
IE 3
Treatment of tax losses by amalgamated company
125
Section IS 1 amended (General treatment of mineral miners’ net losses)
126
Section LA 6 amended (Remaining refundable credits: PAYE, RWT, and certain other items)
127
Section LE 1 amended (Tax credits for imputation credits)
128
Section LE 6 amended (Partners in partnerships)
129
Section LE 8 amended (Application of imputation ratio)
130
Section LE 9 repealed (Application of combined imputation and FDP ratio)
131
Subpart LF repealed (Tax credits for foreign dividend payment (FDP) credits)
132
Section LJ 1 amended (What this subpart does)
133
Section LJ 3 amended (Meaning of foreign income tax)
134
Section LJ 8 repealed (Repaid foreign tax: effect on FDP liability)
135
Section LP 2 amended (Tax credits for supplementary dividends)
136
Section LP 3 amended (Use of remaining credits)
137
Section LP 5 amended (Application of benchmark dividend rules and imputation credit ratio)
138
Section MB 7B amended (Family scheme income from employment benefits: employees not controlling shareholders)
139
New section MB 14 inserted (Remission income of discharged bankrupt excluded)
MB 14
Remission income of discharged bankrupt excluded
140
Section MB 14 repealed (Remission income of discharged bankrupt excluded)
141
Section MD 1 amended (Abating WFF tax credit)
142
Section MD 2 amended (Calculating net contributions to credits)
143
Section MD 11 amended (Entitlement to parental tax credit)
144
Section MD 12 amended (Calculation of parental tax credit)
145
New section MD 12B inserted (Additional parental tax credit amount included in lump sum if 56-day period crosses 2 tax years)
MD 12B
Additional parental tax credit amount included in lump sum if 56-day period crosses 2 tax years
146
Section MD 13 amended (Calculation of family credit abatement)
147
Section MD 16 amended (Calculation of parental tax credit abatement)
148
Section MX 7 amended (Reinstatement of R&D tax losses and R&D repayment tax)
149
Section OA 2 amended (Memorandum accounts)
150
Section OA 5 amended (Credits)
151
Section OA 6 amended (Debits)
152
Section OA 7 amended (Opening balances of memorandum accounts)
153
Section OA 8 amended (Shareholder continuity requirements for memorandum accounts)
154
Section OA 10 amended (When credits or debits due to amalgamating company but not recorded)
155
Section OA 11 repealed (FDP account on resident’s restricted amalgamation)
156
Section OA 13 repealed (Policyholder credit account on resident’s restricted amalgamation)
157
Section OA 14 amended (Continuity of shareholding when group companies amalgamate)
158
Section OA 15 amended (When credits or debits due to consolidated group but not recorded)
159
Section OA 16 repealed (When FDP account ends on resident’s restricted amalgamation)
160
Section OA 17 repealed (When policyholder credit account ends on resident’s restricted amalgamation)
161
Section OA 18 amended (Calculation of maximum permitted ratios)
162
Section OB 4 amended (ICA payment of tax)
163
Section OB 6 amended (ICA transfer from tax pooling account)
164
Section OB 7C repealed (ICA expenditure on research and development)
165
Section OB 10 repealed (ICA dividend derived with FDP credit)
166
Section OB 12 repealed (ICA transfer from FDP account)
167
New section OB 19B inserted (ICA transfer to loss-using group company)
OB 19B
ICA transfer to loss-using group company
168
Section OB 24 amended (ICA credit on resident’s restricted amalgamation)
169
Section OB 26 amended (ICA elimination of double debit)
170
Section OB 36 repealed (ICA refund of FDP)
171
Section OB 37 amended (ICA refund of tax credit)
172
Section OB 38 repealed (ICA overpayment of FDP)
173
Section OB 43 amended (ICA breach of imputation ratio)
174
Section OB 45 amended (ICA redemption debit)
175
New section OB 46B inserted (ICA transfer from group company to loss-using group company)
OB 46B
ICA transfer from group company to loss-using group company
176
Section OB 53 amended (ICA debit on resident’s restricted amalgamation)
177
Section OB 60 amended (Imputation credits attached to dividends)
178
Section OB 61 amended (ICA benchmark dividend rules)
179
Section OB 67 amended (Reduction of further income tax)
180
Section OB 71 amended (Imputation additional tax on leaving wholly-owned group)
181
Section OB 72 amended (Imputation additional tax on joining wholly-owned group)
182
Section OB 72B amended (Limit on using entitlement to refund after joining wholly-owned group)
183
Section OB 76 repealed (Statutory producer boards attaching FDP credits)
184
Section OB 81 repealed (Co-operative companies attaching FDP credits)
185
Section OB 82 amended (When and how co-operative company makes election)
186
New heading and new sections OB 83 and OB 84 inserted
Election by group company for transfer of imputation credits with transfer of tax loss
OB 83
Group companies transferring imputation credits with transfer of tax loss
OB 84
When and how group company transferring tax loss makes election
187
Table O1 amended (Imputation credits)
188
Table O2 amended (Imputation debits)
189
Subpart OC repealed (Foreign dividend payment accounts (FDPA))
191
Table O4 amended (FDP debits)
193
Section OE 19 amended (BETA person’s payment of income tax on foreign income)
194
Section OK 1 amended (General rules for Maori authorities with Maori authority credit accounts)
195
Section OK 2 amended (MACA payment of tax)
196
Section OK 4B repealed (MACA expenditure on research and development)
197
Section OK 7 repealed (MACA dividend derived with FDP credit)
198
Section OK 14 repealed (MACA refund of FDP)
199
Section OK 14B amended (MACA refund of tax credit)
200
Table O17 amended (Maori authority credits)
201
Table O18 amended (Maori authority debits)
202
Section OP 5 amended (When credits and debits arise only in consolidated imputation group accounts)
203
Section OP 7 amended (Consolidated ICA payment of tax)
204
Section OP 9 amended (Consolidated ICA transfer from tax pooling account)
205
Section OP 11B repealed (Consolidated ICA expenditure on research and development)
206
Section OP 13 repealed (Consolidated ICA dividend derived with FDP credit)
207
Section OP 18 repealed (Consolidated ICA transfer from group company’s FDP account)
208
Section OP 19 repealed (Consolidated ICA transfer from group’s FDP account)
209
Section OP 23 amended (Consolidated ICA elimination of double debit)
210
Section OP 34 repealed (Consolidated ICA refund of FDP)
211
Section OP 35 amended (Consolidated ICA refund of tax credit)
212
Section OP 36 repealed (Consolidated ICA overpayment of FDP)
213
Section OP 45 amended (Consolidated ICA redemption debit)
214
Table O19 amended (Imputation credits of consolidated imputation groups)
215
Table O20 amended (Imputation debits of consolidated imputation groups)
216
Sections OP 51 to OP 74, and cross-headings between table O20 and section OP 75, repealed
217
Section OP 75 repealed (Consolidated FDPA breach of FDP ratio by PCA company)
218
Sections OP 76 and OP 77 repealed
219
Table O21 repealed (FDP credits of consolidated FDP groups)
220
Table O22 amended (FDP debits of consolidated FDP groups)
221
Table O22 repealed (FDP debits of consolidated FDP groups)
222
Section OZ 3 amended (Overpaid income tax or foreign dividend payment for pre-imputation income year)
223
Section OZ 5 amended (ASCA lost excess available subscribed capital)
224
Section OZ 7B amended (Maori authority credit ratios for transitional period)
225
Section OZ 8 amended (Attaching imputation credits and FDP credits: maximum permitted ratio)
226
Section OZ 9 amended (Benchmark dividends: ratio change)
227
Section OZ 10 amended (Modifying ratios for imputation credits and FDP credits)
228
Section OZ 11 amended (Tax credits for imputation credits and FDP credits)
229
Section OZ 12 amended (Tax credits for non-resident investors)
230
Section OZ 18 repealed (Credit-back of PCA balance)
231
Section RA 15 amended (Payment dates for interim and other tax payments)
232
Section RA 19 amended (Refunds of excess amounts or when amounts mistakenly paid)
233
Section RB 2 repealed (Income tax liability for non-filing taxpayers for non-resident passive income)
234
Section RD 3 amended (PAYE income payments)
235
Section RD 3 amended (PAYE income payments)
236
New sections RD 3B and RD 3C inserted
RD 3B
Shareholders who are employees, for some companies: income other than PAYE
RD 3C
Shareholders who are employees, for some companies: PAYE and income other than PAYE
237
Section RD 5 amended (Salary or wages)
238
Section RD 21 amended (When amounts of tax not withheld or payment insufficient)
238B
Section RD 36 amended (Repayment of employment-related loans)
239
Section RE 2 amended (Resident passive income)
240
Section RE 13 amended (Dividends other than non-cash dividends)
241
Section RE 14 amended (Non-cash dividends other than certain share issues)
242
New section RE 14B inserted (Combined cash and non-cash dividends)
RE 14B
Combined cash and non-cash dividends
243
Section RE 15 amended (Bonus issues in lieu and shares issued under profit distribution plans)
244
Section RE 17 amended (Replacement payments under share-lending arrangements)
245
Section RE 23 repealed (When amount of tax treated as FDP credit)
246
Section RF 1 amended (NRWT rules and their application)
247
Section RF 2 amended (Non-resident passive income)
248
New sections RF 2BA and RF 2B inserted
RF 2BA
Non-resident financial arrangement income: outline and concepts
RF 2B
Meaning of non-resident financial arrangement income
249
Section RF 8 amended (Certain dividends)
250
Section RF 9 amended (When dividends fully imputed or fully credited)
251
Section RF 10 amended (Non-cash dividends)
252
Section RF 12 amended (Interest paid by approved issuers or transitional residents)
253
New heading and new sections RF 12D to RF 12J inserted
Certain financial arrangements involving related-party debt
RF 12D
Determining amount of non-resident financial arrangement income
RF 12E
When non-resident financial arrangement income treated as paid
RF 12F
Adjustments: first year additional amounts
RF 12G
Choosing to treat income as non-resident financial arrangement income
RF 12H
Meaning of related-party debt
RF 12I
Concepts used for definition of related-party debt
RF 12J
Treatment of certain payments made under indirect associated funding arrangements
254
Section RF 14 repealed (Treatment of FDP credits)
255
Section RM 1 amended (What this subpart does)
256
Section RM 3 repealed (Refunds for overpaid FDP)
257
Section RM 13 amended (Limits on refunds for ICA companies)
258
Heading and sections RM 18 to RM 21 repealed
259
Heading and sections RM 28 to RM 31 repealed
260
Section RZ 6 amended (Limits on refunds: transitional dates)
261
New heading and new section RZ 13 inserted
Non-resident financial arrangement income
RZ 13
Treatment of prepayments
262
Section YA 1 amended (Definitions)
263
Section YA 2 amended (Meaning of income tax varied)
264
Section YB 14 amended (Tripartite relationship)
266
Section YC 12 amended (Public unit trusts)
267
Section YC 17 amended (Demutualisation of insurers)
268
Section YC 18 amended (Reverse takeovers)
269
Section YD 4 amended (Classes of income treated as having New Zealand source)
270
Section YD 5 amended (Apportionment of income derived partly in New Zealand)
271
Schedule 1 amended (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits)
272
Schedule 32 amended (Recipients of charitable or other public benefit gifts)
Part 3
Amendments to other enactments
Amendments to Tax Administration Act 1994
273
Tax Administration Act 1994
273B
Section 3 amended (Interpretation)
273C
Section 14 amended (Modes of communication: general provisions)
273D
Section 14F amended (Giving information by personal delivery, post, fax, or electronic means)
274
Section 22 amended (Keeping of business and other records)
274B
Section 24BA amended (Offshore persons’ bank accounts and tax file numbers)
274C
Section 24F amended (Special tax codes)
274D
Section 24IB amended (Special tax code notification
275
Section 24K amended (Certain information required in returns)
276
Section 29 amended (Shareholder dividend statement to be provided by company)
277
Section 30 repealed (Statement to shareholder when FDP credit attached to dividend)
278
Section 30C amended (Credit transfer notice to share supplier and Commissioner when share user transfers imputation credit under share-lending arrangement)
278B
New section 30E inserted (Statement to transferee by life insurer when transferring life insurance policies)
30E
Statement to transferee by life insurer when transferring life insurance policies
279
Section 32M amended (Persons with approved issuer status)
280
Section 39 amended (Consequential adjustments on change in balance date)
281
New section 42C inserted (Income tax returns by undischarged bankrupt)
42C
Income tax returns by undischarged bankrupt
282
Section 43A amended (Non-active companies may be excused from filing returns)
283
Section 68 repealed (Statement when FDP credit attached to dividend)
284
Section 69 amended (Annual ICA return)
285
Section 71 repealed (Annual FDPA return)
286
Cross-heading before section 71B repealed (Foreign dividends)
287
Section 71B repealed (Return requirements for refunds: foreign dividends)
288
Section 72 repealed (Annual FDPA return to be furnished where Commissioner so requires, or where company ceases to be resident in New Zealand)
289
Section 73 repealed (Annual FDPA returns of consolidated groups)
290
Section 78D amended (Evidential requirements for tax credits)
291B
Section 80KH amended (Cancellation of notice of entitlement)
291C
Section 80KK amended (Payment by instalment of family tax credit (without abatement))
291D
Section 81 amended (Officers to maintain secrecy)
292
Section 81A amended (Disclosure of information under approved information sharing agreement)
292B
Section 82 amended (Disclosure of information for matching purposes)
292C
Section 82A repealed (Disclosure of information to prevent cessation of benefit payments)
292D
Section 83 repealed (Disclosure of information for purposes of entitlement card)
292E
Section 84 repealed (Disclosure of information for WFF tax credit double payment identification)
292F
Section 85 repealed (Disclosure of address information in relation to debtors)
292G
Section 85G repealed (Disclosure of information in relation to Working for Families tax credits)
292H
Section 87 amended (Further secrecy requirements)
293
Section 90AF amended (Imputation arrangement to obtain tax advantage)
295
Section 108 amended (Time bar for amendment of income tax assessment)
296
Section 113B amended (Amended assessments if dividend recovered or repaid)
297
Section 125 amended (Certain rights of objection not conferred)
298
Section 140B amended (Imputation penalty tax payable where end of year debit balance)
299
Section 166 amended (Tax paid in excess may be set off against additional tax when assessment reopened)
300
Section 174AA amended (Power of Commissioner in respect of small amounts of refunds or tax payable)
301
Section 180 amended (Remissions and refunds of imputation penalty tax)
302
Section 185 amended (Payment out of Crown Bank Account)
302B
Schedule 2 amended
Amendments to Goods and Services Tax Act 1985
303
Goods and Services Tax Act 1985
304
Section 2 amended (Interpretation)
305
Section 3 amended (Meaning of term financial services)
306
Section 5 amended (Meaning of term supply)
307
Section 6 amended (Meaning of term taxable activity)
307B
Section 8B amended (Remote services: determining residence and status of recipients)
308
Section 9 amended (Time of supply)
309
Section 10 amended (Value of supply of goods and services)
310
Section 11 amended (Zero-rating of goods)
311
Section 11A amended (Zero-rating of services)
312
Section 15 amended (Taxable periods)
313
Section 15C amended (Changes in taxable periods)
314
Section 20 amended (Calculation of tax payable)
314B
New section 20H inserted (Goods and services tax incurred in making financial services for raising funds)
20H
Goods and services tax incurred in making financial services for raising funds
315
Section 21 amended (Adjustments for apportioned supplies)
316
Section 21D amended (Calculating amount of adjustment)
317
Section 21HC amended (Transitional rules relating to members of unit title bodies corporate)
318
Section 21I amended (Fringe benefits and entertainment expenses)
318B
Section 24 amended (Tax invoices)
319
New section 25AB inserted (Consequences of change in contract for secondhand goods)
25AB
Consequences of change in contract for secondhand goods
320
Section 26 amended (Bad debts)
321
Section 45 amended (Refund of excess tax)
323
Section 51B amended (Persons treated as registered)
324
Section 54B amended (Requirements for registration for certain non-resident suppliers)
324B
Section 54C amended (Cancellation of registration of certain non-resident suppliers)
325
Section 55 amended (Group of companies)
326
Section 60 amended (Agents and auctioneers)
327
Section 61 amended (Liability for tax payable by company left with insufficient assets)
Amendments to Stamp and Cheque Duties Act 1971
328
Stamp and Cheque Duties Act 1971
329
Section 86F amended (Interpretation)
330B
Section 86GB inserted (Treatment of approved issuer levy when prepayments or transfer pricing adjustment made)
86GB
Treatment of approved issuer levy when prepayments or transfer pricing adjustment made
332
Section 86I amended (Application of approved issuer levy and zero-rating)
332B
Section 86IB amended (Zero rate of approved issuer levy—requirements for securities)
333
New section 86IC inserted (When payment of approved issuer levy compulsory)
86IC
When payment of approved issuer levy compulsory
Amendments to Student Loan Scheme Act 2011
334A
Student Loan Scheme Act 2011
334AB
Section 207 amended (Disclosure of information between authorised persons)
334
Schedule 3 amended (Adjustments to net income for purposes of section 73, applying from 1 April 2014 for 2014–2015 and later tax years)
14B
Remission income of discharged bankrupt excluded
335
Schedule 3 amended (Adjustments to net income for purposes of section 73, applying from 1 April 2014 for 2014–2015 and later tax years)
Amendments to Child Support Act 1991
335B
Child Support Act 1991
335C
Section 240 amended (Secrecy)
Amendments to Income Tax Act 2004
336
Income Tax Act 2004
337
Section CD 4 amended (What is a transfer of value?)
338
Section CD 32 amended (Available subscribed capital amount)
339
Section CD 33 amended (Available capital distribution amount)
340
New section CX 17B inserted (Transport in vehicle other than motor vehicle)
CX 17B
Transport in vehicle other than motor vehicle
340B
New section DV 10C inserted (Cost base for shares when debt forgiven within economic group)
DV 10C
Cost base for shares when debt forgiven within economic group
341
Section EE 42 amended (Amount of depreciation recovery income when item partly used for business)
342
New section EW 46B inserted (Consideration when debt forgiven within economic group)
EW 46B
Consideration when debt forgiven within economic group
342B
Section HG 10 amended (Taxation of qualifying company)
342C
New section HG 10B inserted (Dividends derived by qualifying companies)
HG 10B
Dividends derived by qualifying companies
343
Section OB 1 amended (Definitions)
Amendments to Privacy Act 1993
343B
Privacy Act 1993
343C
Section 103 amended (Notice of adverse action proposed)
343D
Schedule 3 amended (Information matching rules)
Amendment to Goods and Services Tax (Grants and Subsidies) Order 1992
344
Goods and Services Tax (Grants and Subsidies) Order 1992 amended
Legislative history
The Parliament of New Zealand enacts as follows: