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Income Tax Act 2007

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

Section OA 16 — When FDP account ends on resident’s restricted amalgamation

OA 16 When FDP account ends on resident’s restricted amalgamation When this section applies (1) This section applies on a resident’s restricted amalgamation referred to in section OA 14 if— (a) a…

Section OB 16 — ICA attribution for personal services

OB 16 ICA attribution for personal services Credit (1) An ICA company that is not a qualifying company has an imputation credit for an amount equal to 38.89% of the personal services attribution…

Section OC 16 — FDPA refund of tax credit

OC 16 FDPA refund of tax credit Debit (1) An FDPA company has an FDP debit for the amount of a transfer or refund to the company under section LA 6(2)(d) or (e) (Remaining refundable credits: PAYE,…

Repealed

Section OD 16 — CTRA increase in resident shareholding

OD 16 CTRA increase in resident shareholding [Repealed] Section OD 16: repealed (with effect on 1 July 2011 and applying for income years beginning on or after that date), on 7 May 2012, by section…

Repealed

Section OE 16 — BETA final balance

OE 16 BETA final balance [Repealed] Section OE 16: repealed (with effect on 30 June 2009), on 6 October 2009, by section 434(1) the Taxation (International Taxation, Life Insurance, and Remedial…

Repealed

Section OJ 16 — PCA person’s payment of tax relating to policyholder base

OJ 16 PCA person’s payment of tax relating to policyholder base [Repealed] Section OJ 16: repealed, on 1 July 2010, by section 439(1) of the Taxation (International Taxation, Life Insurance, and…

Section OK 16 — MACA breach of Maori authority credit ratio

OK 16 MACA breach of Maori authority credit ratio Debit (1) A Maori authority has a Maori authority debit for a breach in a tax year of the Maori authority credit ratio under section OK 20(3) for an…

Section OP 16 — Consolidated ICA credit transfer to company

OP 16 Consolidated ICA credit transfer to company Credit (1) A consolidated imputation group has an imputation credit for the amount of an imputation credit shown in a credit transfer notice given to…

Repealed

Section OZ 16 — BETA reductions

OZ 16 BETA reductions [Repealed] Section OZ 16: repealed, on 1 July 2012 (applying for income years beginning on or after that date), by section 125(1) of the Taxation (International Investment and…

Section RA 16 — Payment date when taxable activity ends

RA 16 Payment date when taxable activity ends When this section applies (1) This section applies for a month when a registered person is required under section RA 6 to withhold and pay RWT or NRWT,…

Section RC 16 — Who may use GST ratio?

RC 16 Who may use GST ratio? General eligibility (1) A person liable to pay provisional tax may choose to use a GST ratio to determine under section RC 5(6) the amount of provisional tax payable for…

Section RD 16 — Payments to private domestic workers

RD 16 Payments to private domestic workers When this section applies (1) This section applies to a person who is employed as a private domestic worker by another person and— (a) the employer is the…

Section RE 16 — Taxable Maori authority distributions

RE 16 Taxable Maori authority distributions When this section applies (1) This section applies when a Maori authority makes a payment of resident passive income that consists of a taxable Maori…

Section RF 16 — Relationship with RSCT rules

RF 16 Relationship with RSCT rules When this section applies (1) This section applies when a retirement scheme contributor makes a retirement scheme contribution for a person who is non-resident and…

Section RM 16 — Treatment of amounts not refunded

RM 16 Treatment of amounts not refunded When this section applies (1) This section applies when, through the application of sections RM 13 and RM 14 , an overpayment of income tax by a company is not…

Section RP 16 — Obligations for employer’s superannuation contributions

RP 16 Obligations for employer’s superannuation contributions When section RP 11 applies, the PAYE intermediary assumes the obligations under the ESCT rules in relation to the employee and the pay…

Section YB 16 — Exceptions for certain trusts and charitable organisations

YB 16 Exceptions for certain trusts and charitable organisations Trustee and beneficiary and trustee for relative tests: certain trusts (1) Sections YB 5 and YB 6(1) do not apply to a trustee and…

Section YC 16 — Disregarding market value changes

YC 16 Disregarding market value changes When this section applies (1) This section applies if— (a) for a company at a time, the requirements of a continuity provision are not met; and (b) the…

Repealed

Section OE 16B — Company with credit balance at beginning of first affected income year

OE 16B Company with credit balance at beginning of first affected income year [Repealed] Section OE 16B: repealed (with effect on 30 June 2009), on 7 September 2010, by section 104 of the Taxation…

Section CB 17 — Residential exclusion from sections CB 12 and CB 13

CB 17 Residential exclusion from sections CB 12 and CB 13 Exclusion: developing or dividing land for residential use (1) Sections CB 12 and CB 13 do not apply if— (a) the work involved in the…

Section CD 17 — Credit transfer notice

CD 17 Credit transfer notice When this section applies (1) This section applies when a share user under a share-lending arrangement— (a) derives a dividend for the original share, with an imputation…

Repealed

Section CS 17 — Superannuation fund wound up

CS 17 Superannuation fund wound up [Repealed] Section CS 17: repealed, on 1 April 2011, by section 12 of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters)…

Section CU 17 — Repayment by mining company of amount written off

CU 17 Repayment by mining company of amount written off When this section applies (1) This section applies when— (a) a holding company of a mining company is allowed, under section DU 12 (Amount…

Repealed

Section CV 17 — Non-resident film renters

CV 17 Non-resident film renters [Repealed] Section CV 17: repealed, on 2 November 2012, by section 14 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).

Section CW 17 — Expenditure on account, and reimbursement, of employees

CW 17 Expenditure on account, and reimbursement, of employees Exempt income: expenditure on account (1) Expenditure on account of an employee, being a payment to which section CE 5 (Meaning of…

Section CX 17 — Benefits provided to employees who are shareholders or investors

CX 17 Benefits provided to employees who are shareholders or investors Benefit provided in connection with employment (1) If a company or a trustee of a group investment fund provides a non-cash…

Section CZ 17 — Dividend of exiting company: 2001

CZ 17 Dividend of exiting company: 2001 If an exiting company, as defined in section 5 of the Dairy Industry Restructuring Act 2001, derives a dividend as a result of a buy-out of the company’s…

Section DB 17 — Replacement payments and imputation credits under share-lending arrangements

DB 17 Replacement payments and imputation credits under share-lending arrangements A person is allowed a deduction for— (a) the amount of expenditure incurred as a replacement payment under a…

Section DT 17 — Attribution of expenditure

DT 17 Attribution of expenditure Petroleum mining permit (1) A deduction for expenditure incurred to acquire a petroleum permit is attributable to the permit area of the petroleum permit. Other…

Section DV 17 — Consolidated groups: expenditure or loss incurred by group companies

DV 17 Consolidated groups: expenditure or loss incurred by group companies When this section applies (1) This section results from sections FM 11 and FM 12 (which relate to expenditure or loss…

Section DZ 17 — Expenditure on improvements to aquacultural business before 1995–96 income year

DZ 17 Expenditure on improvements to aquacultural business before 1995–96 income year When this section applies (1) This section applies in an income year when a person incurs expenditure— (a) before…

Section EB 17 — Costs: manufactured or produced stock of low-turnover traders

EB 17 Costs: manufactured or produced stock of low-turnover traders When this section applies (1) This section applies when a low-turnover trader— (a) has a business of manufacturing or producing…

Section EC 17 — Herd value ratio

EC 17 Herd value ratio Adoption of herd value ratio (1) A herd value ratio is available for a person to use in determining the value of specified livestock in the herd scheme. A person may adopt a…

Section EE 17 — Amount resulting from petroleum-related depreciable property calculation

EE 17 Amount resulting from petroleum-related depreciable property calculation Amount (1) For the purposes of the comparison of amounts required by section EE 14(2) , the amount dealt with in this…

Section EH 17 — Refund on retirement

EH 17 Refund on retirement When this section applies (1) This section applies when a farmer or a fisher— (a) has a main income equalisation account; and (b) is neither a company nor a trustee; and…

Section EJ 17 — Partnership interests and disposal of part of asset

EJ 17 Partnership interests and disposal of part of asset In sections EJ 12 to EJ 16 , unless the context requires otherwise,— (a) a partner is treated as having a share or interest in a petroleum…

Section EK 17 — Minimum refund or transfer

EK 17 Minimum refund or transfer The Commissioner must not give a refund or make a transfer under any of sections EK 9 , EK 12 , EK 15 , EK 16 , and EK 19 that is less than the lesser of— (a) $1,000;…

Section EW 17 — Straight-line method

EW 17 Straight-line method Who may use straight-line method (1) A person who is a party to a financial arrangement may use the straight-line method if— (a) the total value of all the financial…

Section EX 17 — Income interest if variations within period

EX 17 Income interest if variations within period When this section applies (1) This section applies when a person’s income interest in a CFC, calculated under sections EX 8 to EX 16 , varies between…

Section EY 17 — Policyholder base income: profit participation policies

EY 17 Policyholder base income: profit participation policies What is included (1) For an income year, a life insurer has policyholder base income to the extent to which they have an amount for…

Section EZ 17 — Additional amount of depreciation loss: between 16 December 1991 and 1 April 1994

EZ 17 Additional amount of depreciation loss: between 16 December 1991 and 1 April 1994 When this section applies (1) This section applies when a person incurs expenditure of the kind described in…

Section FA 17 — Treatment when agreement ends: when buyer is cash basis person

FA 17 Treatment when agreement ends: when buyer is cash basis person When this section applies (1) This section applies for the purposes of section FA 15 when the buyer is a cash basis person.…

Section FB 17 — High-priced livestock

FB 17 High-priced livestock When this section applies (1) This section applies for the purposes of sections EC 32 to EC 37 (which relate to the valuation of high-priced livestock) when high-priced…

Section FE 17 — Consolidation of debts and assets

FE 17 Consolidation of debts and assets For an excess debt entity that is a company, the debt percentage of a worldwide group is calculated under generally accepted accounting practice for the…

Section FM 17 — Trading stock

FM 17 Trading stock When this section applies (1) This section applies in an income year in which a company ( company A ) transfers identifiable trading stock to another company ( company B ) when—…

Section FO 17 — Land

FO 17 Land When this section applies (1) This section applies when land belonging to an amalgamating company passes to the amalgamated company on a resident’s restricted amalgamation. Disposal at…

Section GB 17 — Excessive amounts for film rights or production expenditure

GB 17 Excessive amounts for film rights or production expenditure When this section applies (1) This section applies when— (a) a person (the buyer ) is allowed a deduction under— (i) section DS 1…

Section HA 17 — Dividends derived by qualifying companies

HA 17 Dividends derived by qualifying companies What this section applies to (1) This section applies to a dividend— (a) that a company derives after it becomes a qualifying company; and (b) to which…

Section HC 17 — Amounts derived as beneficiary income

HC 17 Amounts derived as beneficiary income Non-minor beneficiaries (1) An amount that a person derives in an income year as beneficiary income is income of the person under section CV 13(a) (Amounts…

Section HD 17 — Agent paying premiums to residents of Switzerland

HD 17 Agent paying premiums to residents of Switzerland When this section applies (1) This section applies when— (a) an insurer derives income under section CR 3 (Income of non-resident general…