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Income Tax Act 2007

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

Section HA 11 — When requirements no longer met: qualifying companies

HA 11 When requirements no longer met: qualifying companies When this section applies (1) This section applies when, through changed circumstances, a qualifying company no longer meets the…

Section HB 11 — Limitation on deductions by persons with interests in look-through companies

HB 11 Limitation on deductions by persons with interests in look-through companies When this section applies (1) This section applies for a look-through company (the LTC ) and an income year when,…

Section HC 11 — Foreign trusts

HC 11 Foreign trusts A trust is a foreign trust in relation to a distribution if no settlor is resident in New Zealand at any time in the period that— (a) starts on the later of 17 December 1987 and…

Section HD 11 — Nominated companies

HD 11 Nominated companies Consolidated groups (1) A nominated company is treated under section FM 34(2) (Nominated companies) as the agent of a consolidated group, and of each company that is at the…

Section HF 11 — Choosing to become Maori authority

HF 11 Choosing to become Maori authority Notice (1) A person who is eligible under section HF 2 may choose to become a Maori authority by notifying the Commissioner. Acceptance notified (2) Having…

Section HG 11 — Limitation on deductions by partners in limited partnerships

HG 11 Limitation on deductions by partners in limited partnerships When this section applies (1) This section applies for a limited partnership and an income year when, but for this section, a…

Repealed

Section HL 11 — Election to become portfolio investment entity and cancellation of election

HL 11 Election to become portfolio investment entity and cancellation of election [Repealed] Section HL 11: repealed, on 1 April 2010 (applying for the 2010–11 and later income years), by section…

Section HM 11 — Investment types

HM 11 Investment types Types (1) The entity’s investments, to the extent of 90% or more by value of its assets, must be— (a) an interest in land: (b) a financial arrangement: (c) an excepted…

Section IC 11 — Reduction of amounts used by companies

IC 11 Reduction of amounts used by companies When this section applies (1) This section applies in a tax year if— (a) company A has a tax loss for the tax year that is made available to, and…

Repealed

Section LC 11 — Adjustment when person is non-resident for part of tax year

LC 11 Adjustment when person is non-resident for part of tax year [Repealed] Section LC 11: repealed, on 29 May 2012 (applying for the 2012–13 and later tax years), by section 6(1)(j) of the Taxation…

Section LE 11 — Evidential requirements

LE 11 Evidential requirements If a person who has a tax credit under section LE 1 does not meet the evidential requirements of section 78D of the Tax Administration Act 1994, the person’s credit may…

Repealed

Section LH 11 — Internal software development: associated internal software developer with same income year

LH 11 Internal software development: associated internal software developer with same income year [Repealed] Section LH 11: repealed, on 1 April 2009, by section 19(1)(c) of the Taxation (Urgent…

Section LK 11 — When group membership lacking in tax year in which credit used

LK 11 When group membership lacking in tax year in which credit used When this section applies (1) This section applies when a company that is part of a consolidated group of companies has a credit…

Section LZ 11 — Maximum amount for all special home ownership accounts for all tax years

LZ 11 Maximum amount for all special home ownership accounts for all tax years For the purpose of calculating the amount of a credit under section LZ 9 , the maximum amount of increase in savings for…

Section MB 11 — Family scheme income from amounts derived by dependent children

MB 11 Family scheme income from amounts derived by dependent children When this section applies (1) This section applies for the purpose of determining the amount that represents the family scheme…

Section MC 11 — Relationship periods and entitlement periods

MC 11 Relationship periods and entitlement periods Meaning (1) In subparts MB to MF and MZ ,— (a) a relationship period means an unbroken period in a tax year, whether the period consists of some or…

Section MD 11 — Entitlement to parental tax credit

MD 11 Entitlement to parental tax credit When this section applies (1) This section applies when— (a) a person qualifies under section MC 2 (Who qualifies for entitlements under family scheme?) in…

Repealed

Section MK 11 — When tax credits arise

MK 11 When tax credits arise [Repealed] Section MK 11: repealed, on 1 April 2009, by section 54 of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).

Section OA 11 — FDP account on resident’s restricted amalgamation

OA 11 FDP account on resident’s restricted amalgamation When this section applies (1) This section applies on a resident’s restricted amalgamation if— (a) an amalgamating company ends its existence…

Repealed

Section OB 11 — ICA payment of FDP

OB 11 ICA payment of FDP [Repealed] Section OB 11: repealed (with effect on 30 June 2009), on 6 October 2009, by section 385(1) of the Taxation (International Taxation, Life Insurance, and Remedial…

Section OC 11 — FDPA credit transfer to company

OC 11 FDPA credit transfer to company Credit (1) An FDPA company has an FDP credit for the amount of a credit shown in a credit transfer notice given to the company. Table reference (2) The FDP…

Repealed

Section OD 11 — CTRA transfer to FDP account

OD 11 CTRA transfer to FDP account [Repealed] Section OD 11: repealed (with effect on 30 June 2009), on 6 October 2009, by section 426(1) of the Taxation (International Taxation, Life Insurance, and…

Repealed

Section OE 11 — BETA final balance

OE 11 BETA final balance [Repealed] Section OE 11: repealed, on 1 July 2012 (applying for income years beginning on or after that date), by section 109(1) of the Taxation (International Investment…

Repealed

Section OJ 11 — PCA company’s transfer of life insurance business

OJ 11 PCA company’s transfer of life insurance business [Repealed] Section OJ 11: repealed, on 1 July 2010, by section 439(1) of the Taxation (International Taxation, Life Insurance, and Remedial…

Section OK 11 — MACA allocation of provisional tax

OK 11 MACA allocation of provisional tax Debit (1) A Maori authority has a Maori authority debit for an amount of provisional tax treated under section RC 32 (Wholly-owned groups of companies) as…

Section OP 11 — Consolidated ICA payment of further income tax

OP 11 Consolidated ICA payment of further income tax Credit (1) A consolidated imputation group has an imputation credit for an amount of further income tax paid under section OB 65 or OB 66 (which…

Section OZ 11 — Tax credits for imputation credits and FDP credits

OZ 11 Tax credits for imputation credits and FDP credits When this section applies (1) This section applies when— (a) a person— (i) derives a dividend in the transitional period, if the person is a…

Section RA 11 — Adjustment to correct errors: certain underpayments

RA 11 Adjustment to correct errors: certain underpayments When this section applies (1) This section applies when— (a) a person (the payer ) is required to withhold and pay to the Commissioner— (i)…

Section RC 11 — Calculating amount of instalment using GST ratio

RC 11 Calculating amount of instalment using GST ratio Calculation (1) For a person who uses a GST ratio, the amount of provisional tax payable on an instalment date for a tax year is calculated…

Section RD 11 — Reduction in certain circumstances

RD 11 Reduction in certain circumstances Special circumstances (1) Despite sections RD 2 to RD 10 , the Commissioner may, in special circumstances, reduce the amount of tax for a PAYE income payment…

Section RE 11 — Notification by companies

RE 11 Notification by companies When this section applies (1) This section applies when a company that is not a trustee or a Maori authority is entitled to receive a payment of resident passive…

Section RF 11 — Dividends paid to companies associated with non-residents

RF 11 Dividends paid to companies associated with non-residents When this section applies (1) This section applies when— (a) a non-resident formerly held a share in a company ( company A ) resident…

Section RM 11 — Using GST refund to pay instalment of provisional tax

RM 11 Using GST refund to pay instalment of provisional tax When this section applies (1) This section applies when a person who is liable to pay provisional tax has a goods and services tax (GST)…

Section RP 11 — Employer's superannuation cash contributions

RP 11 Employer's superannuation cash contributions If a PAYE intermediary has assumed the obligations of an employer under the ESCT rules in relation to an employee and a pay period, the employer…

Section RZ 11 — Refunds for life insurers

RZ 11 Refunds for life insurers The Commissioner must refund an amount of tax that a life insurer has paid to the extent to which–– (a) the tax paid gave rise to imputation credits; and (b) for a tax…

Section Sch11 — New banded rates of depreciation

Schedule 11 New banded rates of depreciation ss EE 27 , EE 28 Other assets (excluding fixed life intangible property, excluded depreciable property, and buildings) Buildings Column 1 Column 2 Column…

Section YB 11 — Trustee and person with power of appointment or removal

YB 11 Trustee and person with power of appointment or removal A trustee of a trust and a person who has a power of appointment or of removal of the trustee are associated persons. Defined in this…

Section YC 11 — No look-through rule for companies in certain cases

YC 11 No look-through rule for companies in certain cases When this section applies (1) This section applies when a company (the shareholder company ) has, before section YC 4 is applied to that…

Repealed

Section YD 11 — Meaning of CTR group member

YD 11 Meaning of CTR group member [Repealed] Section YD 11: repealed (with effect on 1 July 2011 and applying for income years beginning on or after that date), on 7 May 2012, by section 136(2) of…

Repealed

Section DO 11B — Entering partners’ livestock deduction

DO 11B Entering partners’ livestock deduction [Repealed] Section DO 11B: repealed (with effect on 1 April 2009), on 6 October 2009, by section 92(1) of the Taxation (International Taxation, Life…

Section FA 11B — Adjustments for certain operating leases

FA 11B Adjustments for certain operating leases When this section applies (1) This section applies when a lease is an operating lease that— (a) is entered into on or after 20 May 1999 and before 20…

Section HA 11B — When requirements no longer met: LAQCs

HA 11B When requirements no longer met: LAQCs When status lost (1) If a company is an LAQC in an income year, but does not meet the requirements of sections HA 1(3) and HA 5 to HA 10 for the next…

Repealed

Section OE 11B — Company with debit balance, including debits from conduit relief, in some income years

OE 11B Company with debit balance, including debits from conduit relief, in some income years [Repealed] Section OE 11B: repealed, on 1 July 2012 (applying for income years beginning on or after that…

Section OP 11B — Consolidated ICA expenditure on research and development

OP 11B Consolidated ICA expenditure on research and development Credit (1) A consolidated imputation group has an imputation credit for an amount of a tax credit that a group company has under…

Section RF 11B — Dividends paid by companies in certain situations

RF 11B Dividends paid by companies in certain situations The rate of NRWT payable on a payment of non-resident passive income in the form of a dividend paid by a company to a non-resident is— (a) to…

Section CB 12 — Disposal: schemes for development or division begun within 10 years

CB 12 Disposal: schemes for development or division begun within 10 years Income (1) An amount that a person derives from disposing of land is income of the person if the amount is derived in the…

Section CC 12 — Lessor acquiring lease asset on expiry of term of lease

CC 12 Lessor acquiring lease asset on expiry of term of lease When this section applies (1) This section applies for the purposes of section FA 10(3) (Treatment when lease ends: lessor acquiring…

Section CD 12 — Superannuation schemes entering trust rules

CD 12 Superannuation schemes entering trust rules When this section applies (1) This section applies when a superannuation scheme that is treated as a company because it is a unit trust becomes a…

Section CE 12 — Tax credits for personal service rehabilitation payments

CE 12 Tax credits for personal service rehabilitation payments When this section applies (1) This section applies when a person has a tax credit in a tax year under section LB 7 (Tax credits related…

Repealed

Section CS 12 — Transfer from superannuation scheme to superannuation fund

CS 12 Transfer from superannuation scheme to superannuation fund [Repealed] Section CS 12: repealed, on 1 April 2011, by section 12 of the Taxation (Annual Rates, Trans-Tasman Savings Portability,…