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Income Tax Act 2007

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

Section GB 19 — When film production expenditure payments delayed or contingent

GB 19 When film production expenditure payments delayed or contingent When this section applies (1) This section applies when— (a) a person (the payer ) is liable to pay any of the costs of goods or…

Section HA 19 — Credit accounts and dividend statements

HA 19 Credit accounts and dividend statements When this section applies (1) This section applies when a qualifying company pays a dividend that is treated either as a fully imputed distribution under…

Section HC 19 — Taxable distributions from non-complying trusts

HC 19 Taxable distributions from non-complying trusts Excluded income (1) An amount that a person derives in an income year as a taxable distribution from a non-complying trust is excluded income of…

Section HD 19 — Persons receiving absentees’ income

HD 19 Persons receiving absentees’ income A person is treated as an agent if they receive, control, or dispose of income derived by a principal who is an absentee. Defined in this Act: absentee ,…

Repealed

Section HL 19 — Portfolio class net income and portfolio class net loss for portfolio allocation period

HL 19 Portfolio class net income and portfolio class net loss for portfolio allocation period [Repealed] Section HL 19: repealed, on 1 April 2010 (applying for the 2010–11 and later income years), by…

Section HM 19 — Requirements for listed PIEs: fully crediting distributions

HM 19 Requirements for listed PIEs: fully crediting distributions What this section does (1) This section is an additional rule for an entity that is a listed PIE other than a life fund PIE. Fully…

Section OB 19 — ICA transfer to master fund

OB 19 ICA transfer to master fund Credit (1) An ICA company that is a master fund has an imputation credit for the transfer of an amount of expenditure under sections DV 5 to DV 7 (which relate to…

Repealed

Section OC 19 — FDPA transfer to CTR account

OC 19 FDPA transfer to CTR account [Repealed] Section OC 19: repealed (with effect on 1 July 2011 and applying for income years beginning on or after that date), on 7 May 2012, by section 97(1) of…

Repealed

Section OD 19 — CTRA final balance

OD 19 CTRA final balance [Repealed] Section OD 19: repealed (with effect on 1 July 2011 and applying for income years beginning on or after that date), on 7 May 2012, by section 99(1) of the Taxation…

Section OE 19 — BETA person’s payment of income tax on foreign income

OE 19 BETA person’s payment of income tax on foreign income Credit (1) A BETA person has a branch equivalent tax credit for an income year for an amount calculated using the formula— tax liability ×…

Section OK 19 — Maori authority credits attached to distributions

OK 19 Maori authority credits attached to distributions Attaching Maori authority credits (1) When a Maori authority makes a taxable Maori authority distribution, it may attach a Maori authority…

Section OP 19 — Consolidated ICA transfer from group’s FDP account

OP 19 Consolidated ICA transfer from group’s FDP account Credit (1) A consolidated imputation group has an imputation credit for an amount equal to the amount transferred under section FM 30(3) and…

Section RA 19 — Refunds of excess amounts or when amounts mistakenly paid

RA 19 Refunds of excess amounts or when amounts mistakenly paid When this section applies (1) This section applies for a person (the payer ) and the withholding of an amount of tax that is more than…

Section RC 19 — Disposal of assets

RC 19 Disposal of assets When this section applies (1) This section applies if, as part of the taxable activity of an entity referred to in section RC 16(2) and (3) , a person who is liable to pay…

Section RD 19 — Schedular payments to non-resident entertainers

RD 19 Schedular payments to non-resident entertainers When this section applies (1) This section applies when a non-resident entertainer derives income from an activity or performance connected with…

Section RE 19 — Choosing other rates

RE 19 Choosing other rates When this section applies (1) This section applies when a person ( person A ) is entitled to receive resident passive income other than a replacement payment under a…

Section RM 19 — Treatment of financial arrangements

RM 19 Treatment of financial arrangements When this section applies (1) This section applies when a company is entitled to a refund of FDP under section CD 50(10) to (13) (Outstanding balances of…

Section RP 19 — Transfers from tax pooling accounts

RP 19 Transfers from tax pooling accounts Transferring amounts (1) A tax pooling intermediary may ask the Commissioner to transfer an amount in their tax pooling account to the tax account of a…

Section Sch19-1

1 expenditure on investigating and testing locations and methods, before a decision is made to use a location or method, for an activity or improvement that is intended to avoid, remedy, or mitigate…

Section Sch19-1-dup2

1 expenditure related to monitoring the discharge of a contaminant

Section Sch19-1-dup3

1 expenditure related to land reclamation

Section Sch19-2

2 expenditure, in the construction of an improvement on land in New Zealand, incurred in order to avoid or mitigate future detrimental effects on the environment from the discharge of a contaminant

Section Sch19-2-dup2

2 expenditure related to monitoring detrimental effects on the environment from the discharge of a contaminant

Section Sch19-2-dup3

2 expenditure relating to dredging, other than dredging for the principal purpose of remedying or mitigating detrimental effects on the environment from a discharged contaminant

Section Sch19-3

3 expenditure on screen planting, on land in New Zealand, incurred in association with the construction of an improvement to the land that is intended to avoid, or mitigate future detrimental effects…

Section Sch19-3-dup2

3 expenditure, incurred after the discharge of a contaminant, on avoiding, remedying, or mitigating detrimental effects on the environment from the discharged contaminant

Section Sch19-3-dup3

3 expenditure related to the acquisition of land

Section Sch19-4

4 expenditure on riparian planting, on land in New Zealand, incurred in order to avoid or mitigate future detrimental effects on the environment from the discharge of a contaminant

Section Sch19-4-dup2

4 expenditure, incurred after the discharge of a contaminant, on removing an improvement to land in New Zealand for the purpose of avoiding, remedying, or mitigating detrimental effects on the…

Section Sch19-5

5 expenditure on an activity that is intended to avoid or mitigate the future discharge of a contaminant

Section Sch19-5-dup2

5 expenditure, incurred after the discharge of a contaminant, on the installation of impermeable surfaces on land in New Zealand with the purpose of avoiding, remedying, or mitigating detrimental…

Section Sch19-6

6 expenditure, incurred after the discharge of a contaminant, on replanting land in New Zealand in association with expenditure to avoid, remedy, or mitigate detrimental effects on the environment…

Section Sch19-7

7 expenditure, on disposing of a stored substance that is a potential contaminant in a way that avoids detrimental effects on the environment Schedule 19 part B clause 7: amended, on 2 November 2012,…

Repealed

Section YB 19 — Person and controlled non-profit organisation: 1990 version provisions

YB 19 Person and controlled non-profit organisation: 1990 version provisions [Repealed] Section YB 19: repealed, on 1 April 2010, by section 563(1) of the Taxation (International Taxation, Life…

Section YC 19 — Legislative conversion of foreign company of proprietors

YC 19 Legislative conversion of foreign company of proprietors When this section applies (1) This section applies if— (a) a company of proprietors is established by a statute of a legislature outside…

Repealed

Section HL 19B — Treatment of certain provisions made by portfolio tax rate entity

HL 19B Treatment of certain provisions made by portfolio tax rate entity [Repealed] Section HL 19B: repealed, on 1 April 2010 (applying for the 2010–11 and later income years), by section 292(1) of…

Section HM 19B — Modified rules for foreign investment zero-rate PIEs

HM 19B Modified rules for foreign investment zero-rate PIEs Income (1) Despite section HM 12 , the income derived by a foreign investment zero-rate PIE must consist of no amount other than— (a) a…

Section RP 19B — Transfers for certain expected tax liabilities

RP 19B Transfers for certain expected tax liabilities Who this section applies to (1) This section applies to a person who— (a) expects to have an income tax or provisional tax liability for a tax…

Section YC 19B — Treatment when certain trusts terminated

YC 19B Treatment when certain trusts terminated When this section applies (1) This section applies when— (a) a trust established for the sole benefit of the New Zealand government or an overseas…

Section HM 19C — Modified rules for foreign investment variable-rate PIEs

HM 19C Modified rules for foreign investment variable-rate PIEs Investment types (1) Despite section HM 11(1)(a) and (d) , no investment of a foreign investment variable-rate PIE may include an…

Section CB 20 — Business exclusion from sections CB 12 and CB 13

CB 20 Business exclusion from sections CB 12 and CB 13 Sections CB 12 and CB 13 do does not apply if— (a) the work involved in the undertaking or scheme is to create or effect a development,…

Section CD 20 — Benefits of shareholder-employees or directors

CD 20 Benefits of shareholder-employees or directors Unclassified fringe benefits (1) A non-cash benefit provided by a company to an employee is a dividend if— (a) the benefit is an unclassified…

Section CU 20 — Mining company or mining holding company liquidated

CU 20 Mining company or mining holding company liquidated Treatment of shares (1) If a mining company or a mining holding company is liquidated,— (a) a mining share held in the company is treated as…

Section CW 20 — Amounts derived by visiting entertainers including sportspersons

CW 20 Amounts derived by visiting entertainers including sportspersons Exempt income: cultural activities (1) Income that a non-resident entertainer derives from carrying out their activity or…

Section CX 20 — Benefits to enable performance of duties

CX 20 Benefits to enable performance of duties The taxable value of a benefit that an employer provides to an employee by way of subsidised transport, or in the form of expenditure that an employer…

Section CZ 20 — Disposal of personal property lease asset under specified lease

CZ 20 Disposal of personal property lease asset under specified lease When this section applies (1) This section applies for the purposes of section FZ 2 (Effect of specified lease on lessor and…

Section DB 20 — Destruction of temporary building

DB 20 Destruction of temporary building Deduction (1) A person is allowed a deduction for a loss that they incur through the destruction of a temporary building. Link with subpart DA (2) This section…

Section DT 20 — Petroleum mining operations outside New Zealand

DT 20 Petroleum mining operations outside New Zealand This subpart applies, with any necessary modifications, to a petroleum miner undertaking petroleum mining operations that are— (a) outside New…

Section DV 20 — Partners

DV 20 Partners A person who is a partner is allowed a deduction for expenditure or loss to the extent to which the deduction results from the application of subpart HG (Joint venturers, partners, and…

Section DZ 20 — Expenditure incurred while income-earning activity interrupted by Canterbury earthquake

DZ 20 Expenditure incurred while income-earning activity interrupted by Canterbury earthquake When this section applies (1) This section applies for a person and an income year (the current year )…