Tax Administration (Extension of Period of Relief for Certain Disposals of Trading Stock) Order 2022

  • revoked
  • Tax Administration (Extension of Period of Relief for Certain Disposals of Trading Stock) Order 2022: revoked, on 30 April 2023, by clause 4.

Version as at 30 April 2023

Coat of Arms of New Zealand

Tax Administration (Extension of Period of Relief for Certain Disposals of Trading Stock) Order 2022

(SL 2022/55)

Tax Administration (Extension of Period of Relief for Certain Disposals of Trading Stock) Order 2022: revoked, on 30 April 2023, by clause 4.

Cindy Kiro, Governor-General

Order in Council

At Wellington this 7th day of March 2022

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Inland Revenue Department.

This order is made under section 225ABA(2)(a) of the Tax Administration Act 1994—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Revenue made in accordance with section 225ABA(4) of that Act.

Order

1 Title

This order is the Tax Administration (Extension of Period of Relief for Certain Disposals of Trading Stock) Order 2022.

2 Commencement

This order comes into force on 16 March 2022.

3 Extension of period in sections GZ 4 and GZ 5 of Income Tax Act 2007

The date on which the period specified in sections GZ 4(b)(i) and GZ 5(1)(b)(i) of the Income Tax Act 2007 ends is replaced with 31 March 2023.

4 Revocation

This order is revoked on 30 April 2023.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 16 March 2022 and is revoked on 30 April 2023, is made under section 225ABA of the Tax Administration Act 1994.

The order extends the period during which sections GZ 4 and GZ 5 of the Income Tax Act 2007 apply. Those sections, the enactment of which formed part of the Government’s COVID-19 response, turn off the application of section GC 1 of that Act for trading stock that a person (A) disposes of at below market value to a donee organisation, a public authority, or a person (B) not associated with A. Section GC 1 would otherwise treat A as deriving income. (Under section GZ 5, trading stock that A disposes of to B may still result in A deriving income if A does not have a business purpose for the disposal.)

The period for which sections GZ 4 and GZ 5 of the Income Tax Act 2007 apply was set to end on 16 March 2022. This order extends that period to end on 31 March 2023.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 10 March 2022.

This order is administered by the Inland Revenue Department.

Notes
1 General

This is a consolidation of the Tax Administration (Extension of Period of Relief for Certain Disposals of Trading Stock) Order 2022 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Tax Administration (Extension of Period of Relief for Certain Disposals of Trading Stock) Order 2022 (SL 2022/55): clause 4