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Income Tax Act 2007

Sections and provisions with full text and the judgments that cite each one.

Section LB 4 — Tax credits for families

LB 4 Tax credits for families Tax credits under subparts MD and ME (1) A person has a tax credit for a tax year equal to the total amount of their tax credit under subpart MD (Abating WFF tax…

Repealed

Section LC 4 — Tax credits for transitional circumstances

LC 4 Tax credits for transitional circumstances [Repealed] Section LC 4: repealed, on 29 May 2012 (for the purposes of schedule 2, and of sections 24B and 24H(7) of the Tax Administration Act 1994,…

Section LD 4 — Tax credits for payroll donations

LD 4 Tax credits for payroll donations Who this section applies to (1) This section applies to a person who— (a) is an employee whose employer— (i) files by electronic means an employer monthly…

Section LE 4 — Trustees for minor beneficiaries

LE 4 Trustees for minor beneficiaries When this section applies (1) This section applies when a person who has a tax credit under section LE 1 is the trustee of a trust for a minor who derives…

Section LF 4 — Partners in partnerships

LF 4 Partners in partnerships When this section applies (1) This section applies when a person who has a tax credit under section LF 1 is a partner in a partnership and, through the partnership,…

Repealed

Section LH 4 — Calculation of amount of credit

LH 4 Calculation of amount of credit [Repealed] Section LH 4: repealed, on 1 April 2009, by section 19(1)(c) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).

Section LJ 4 — Meaning of segment of foreign-sourced income

LJ 4 Meaning of segment of foreign-sourced income For the purposes of this Part, a person has a segment of foreign-sourced income equal to an amount of assessable income derived from 1 foreign…

Section LK 4 — Use of remaining credits

LK 4 Use of remaining credits When this section applies (1) This section applies for the purposes of section LA 5(2) (Treatment of remaining credits) when a person has a tax credit remaining for a…

Repealed

Section LL 4 — Tracking accounts

LL 4 Tracking accounts [Repealed] Section LL 4: repealed (with effect on 30 June 2009), on 6 October 2009, by section 343(1) of the Taxation (International Taxation, Life Insurance, and Remedial…

Section LO 4 — When income tax unpaid

LO 4 When income tax unpaid When this section applies (1) This section applies when— (a) a person has a tax credit under section LO 1 and a Maori authority credit is attached to a dividend; and (b)…

Section LP 4 — Continuity rules for carrying credits forward

LP 4 Continuity rules for carrying credits forward When this section applies (1) This section applies for the purposes of section LA 5(3) (Treatment of remaining credits) when a company has an amount…

Repealed

Section LQ 4 — Date for determining percentage of non-resident shareholders

LQ 4 Date for determining percentage of non-resident shareholders [Repealed] Section LQ 4: repealed (with effect on 30 June 2009), on 6 October 2009, by section 346(1) of the Taxation (International…

Section LS 4 — Tax credits for certain exiting investors

LS 4 Tax credits for certain exiting investors When this section applies (1) This section applies when an exiting investor in a multi-rate PIE who is treated under section HM 61 (Certain exiting…

Section LZ 4 — Dividends derived from development investments

LZ 4 Dividends derived from development investments When this section applies (1) This section applies when— (a) the only assessable income of a non-resident investment company in a tax year consists…

Section MA 4 — Calculation of amounts of credit producing negative amounts

MA 4 Calculation of amounts of credit producing negative amounts If a calculation under this Part produces a result that is negative for the amount of a tax credit or the amount of a component of a…

Section MB 4 — Family scheme income of major shareholders in close companies

MB 4 Family scheme income of major shareholders in close companies When this section applies (1) This section applies for the purposes of determining the amount that represents the family scheme…

Section MC 4 — Second requirement: principal care

MC 4 Second requirement: principal care The second requirement is that the person referred to in section MC 2 is the principal caregiver for 1 or more dependent children. Defined in this Act:…

Section MD 4 — Entitlement to in-work tax credit

MD 4 Entitlement to in-work tax credit Requirements (1) A person is entitled to an in-work tax credit for a child if, for an entitlement period, the person meets the 5 requirements of sections MD 5…

Section MF 4 — Requirements for calculating instalment of tax credit

MF 4 Requirements for calculating instalment of tax credit How to calculate instalment (1) The Commissioner must calculate the amount of an instalment by way of tax credit under section MD 1 (Abating…

Section MK 4 — Amount of tax credit

MK 4 Amount of tax credit What this section does (1) This section sets out how to calculate the amount of a tax credit paid to a fund provider under section MK 3(2) for a year described in section MK…

Section OA 4 — Certain credits and debits arising only in group accounts

OA 4 Certain credits and debits arising only in group accounts Certain credits or debits of a consolidated group may arise only in the memorandum account of the consolidated group and not in the…

Section OB 4 — ICA payment of tax

OB 4 ICA payment of tax Credit (1) An ICA company has an imputation credit for an amount of income tax or provisional tax paid or an amount treated under section RC 32(5)(b) (Wholly-owned groups of…

Section OC 4 — When company chooses to stop being FDPA company

OC 4 When company chooses to stop being FDPA company Election (1) An FDPA company may choose to stop being an FDPA company. When election made (2) An FDPA company may make an election under…

Repealed

Section OD 4 — When company stops being CTR company

OD 4 When company stops being CTR company [Repealed] Section OD 4: repealed (with effect on 1 July 2011 and applying for income years beginning on or after that date), on 7 May 2012, by section 99(1)…

Repealed

Section OE 4 — When company stops being BETA company

OE 4 When company stops being BETA company [Repealed] Section OE 4: repealed, on 1 July 2012 (applying for income years beginning on or after that date), by section 101(2) of the Taxation…

Section OF 4 — ASCA redemption credit

OF 4 ASCA redemption credit Credit (1) An ASC account company has an ASC credit when the company redeems a share in the company for an amount calculated using the formula— ASC amount – redemption…

Repealed

Section OJ 4 — PCA transfer from FDP account

OJ 4 PCA transfer from FDP account [Repealed] Section OJ 4: repealed, on 1 July 2010, by section 439(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009…

Section OK 4 — MACA payment of further income tax

OK 4 MACA payment of further income tax Credit (1) A Maori authority has a Maori authority credit for a payment of further income tax under section OK 21 or OK 22 . Table reference (2) The Maori…

Section OP 4 — Resident imputation subgroups

OP 4 Resident imputation subgroups Subgroup of trans-Tasman imputation group (1) The resident imputation subgroup of a trans-Tasman imputation group must record in its imputation credit account the…

Section OZ 4 — Terminating modifications to debits for loss of shareholder continuity

OZ 4 Terminating modifications to debits for loss of shareholder continuity The terminating modifications that apply under section OA 8(8) (Shareholder continuity requirements for memorandum…

Section RA 4 — Provisional tax obligations

RA 4 Provisional tax obligations A person liable to pay provisional tax must pay instalments on account of their income tax liability for a tax year to the Commissioner under subpart RC (Provisional…

Section RB 4 — Using refunds to satisfy tax liabilities

RB 4 Using refunds to satisfy tax liabilities If a person is entitled to a refund of an amount of tax from the Commissioner, the amount may be applied under section RM 10 (Using refund to satisfy tax…

Section RC 4 — Choosing to pay provisional tax

RC 4 Choosing to pay provisional tax Election (1) A person, when first providing a return of income for a tax year, may choose to pay provisional tax for the tax year if— (a) they have paid…

Section RD 4 — Payment of amounts of tax to Commissioner

RD 4 Payment of amounts of tax to Commissioner Payments monthly or fortnightly (1) An employer or PAYE intermediary who withholds an amount of tax for a PAYE income payment must pay the amount to the…

Section RE 4 — Persons who have withholding obligations

RE 4 Persons who have withholding obligations Requirements (1) A person referred to in section RE 3(1)(a) must meet at least 1 requirement of each of subsections (2) and (3) in relation to a payment…

Section RF 4 — Non-resident passive income received by agents and others

RF 4 Non-resident passive income received by agents and others When this section applies (1) This section applies when— (a) an agent or other person in New Zealand receives a payment of non-resident…

Repealed

Section RG 4 — Calculating amount of FDP

RG 4 Calculating amount of FDP [Repealed] Section RG 4: repealed (with effect on 30 June 2009), on 6 October 2009, by section 540(1) of the Taxation (International Taxation, Life Insurance, and…

Section RH 4 — Retirement scheme contributors

RH 4 Retirement scheme contributors An entity is a retirement scheme contributor for a person for an income year if— (a) the entity is— (i) the trustee of a widely-held trust that is a unit trust:…

Section RM 4 — Overpayment on amended assessment

RM 4 Overpayment on amended assessment Assessment increasing tax (1) The Commissioner must refund an amount of tax that a person has paid if— (a) the person paid the amount as a result of an…

Section RP 4 — Payment of subsidies to certain PAYE intermediaries

RP 4 Payment of subsidies to certain PAYE intermediaries Requirements for payment of subsidy (1) The Commissioner may pay a subsidy to a listed PAYE intermediary for a payroll service that they…

Section RZ 4 — GST ratio method: 2010–11 to 2013–14 income years

RZ 4 GST ratio method: 2010–11 to 2013–14 income years When this section applies (1) This section applies to the calculation of a person's provisional tax liability, when section RC 8 (GST ratio…

Section Sch4-1

1 A contract payment that relates to a non-resident contractor’s contract activity or service has a 0.15 rate of tax for each dollar of the payment, if the payment is— (a) to the non-resident…

Section Sch4-1-dup2

1 A payment of a company director’s fee, or an examiner’s fee, or an honorarium, has a 0.33 rate of tax for each dollar of the payment.

Section Sch4-1-dup3

1 A payment for work or services referred to in the following paragraphs has a 0.15 rate of tax for each dollar of the payment: (a) farming contract work: (b) cultivation contract work: (c) shearing:…

Section Sch4-2

2 In this part, examiner’s fee means fees or remuneration for work or services that relate to examining an examination candidate, if the work or services have the following nature: (a) setting an…

Section Sch4-2-dup2

2 In this part,— cultivation contract work— (a) means work or services provided under a contract or arrangement— (i) for the supply of labour, or substantially for the supply of labour; and (ii) on…

Section YB 4 — Two relatives

YB 4 Two relatives Degree of relationship (1) Two persons are associated persons if — (a) they are within 2 degrees of blood relationship: (b) they are married, in a civil union, or in a de facto…

Section YC 4 — Look-through rule for corporate shareholders

YC 4 Look-through rule for corporate shareholders When subsection (2) applies (1) Subsection (2) applies if a company (the shareholder company ) is or is treated as having, whether under subsection…

Section YD 4 — Classes of income treated as having New Zealand source

YD 4 Classes of income treated as having New Zealand source What this section does (1) This section lists the types of income that are treated as having a source in New Zealand for the purposes of…

Section ZA 4 — Saving of binding rulings

ZA 4 Saving of binding rulings When, and extent to which, this section applies (1) This section applies when, and to the extent to which,— (a) either— (i) an applicant has applied for a private…