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LAWCOMM 403 long notes.docx
LAWCOMM_403_long_notes.docx
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LAWCOMM 403 long notes.docx-CONTENTS Tips ...........
LAWCOMM_403_long_notes.docx-CONTENTS Tips ......................................................................................................................................................................................... 4 Introducon ............................................................................................................................................................................
LAWCOMM 403 long notes.docx-CONTENT...
LAWCOMM_403_long_notes.docx-CONTENTS Tips ......................................................................................................................................................................................... 4 Introducon ............................................................................................................................................................................
Page 63
o
NZ superannuaon payments;
o
parental leave payments;
o
pensions;
o
veterans’ pensions.
SUBPART CG – RECOVERIES
Income includes recoveries such as:
o
depreciaon recovery
o
cancelled liabilies (where a deducon has been claimed)
o
insurance monies received for trading stock
SUBPART CH – ADJUSTMENTS
Income can include the adjustment of closing values of trading stock (
secon CH 1
)
o
“The value of the trading stock, calculated under secon EB 3 (Valuaon of trading stock), is income of the
person in the income year.” (
secon CH 1(2(
)
SUBPART CO – VOLUNTEERS
This subpart deals with volunteers.
SUBPART CP – PIES
A PIE is a porolio investment enty – a scheme like a bank (e.g. Kiwisaver) that gets different tax treatment (28%)
SUBPART CQ – ATTRIBUTED INCOME FROM FOREIGN EQUITY
Subpart CQ deals with:
o
CFC income
o
FIF income
SUBPART CR: INCOME OF INSURANCE COMPANIES
Subpart CR deals with income of life and general insurance companies.
SUBPART CS: REPEALED
Subpart CS dealt with various problems arising in the taxaon of superannuaon. It was repealed in 2011.
SUBPART CT: INCOME FROM PETROLEUM MINING
Subpart CT deals with various problems arising in the taxaon of petroleum mining.
SUBPART CU: INCOME FROM MINERAL MINING
Subpart CU deals with various problems arising in the taxaon of mineral mining.
SUBPART CV: SPECIFIC ENTITIES
Subpart CV deals with:
1.
group companies; and
2.
consolidated groups; and
3.
amalgamated companies; and
4.
Crown Research Instutes; and
5.
Maori authories;
6.
etc.
SUBPART CW – EXEMPT INCOME
This deals with income exempt from income tax. These are categories of income that would be within the scope of income tax,
but are not taxed for reasons of policy. However,
expenditure incurred in producing exempt income is not deducble
(
secon
DA 2(3)
)
.
Page 64
The various categories of exempt income include:
o
dividends received from foreign companies by companies resident in New Zealand: s CW 9:
o
dividends within wholly owned groups of companies: s CW 10;
o
some income derived by non-residents (other than entertainers and sportspersons) during visits of 92 days or
less: secon CW 19;
This exempon is in place for people who conduct their business travelling around and don’t stay very
long in one country
This is exempt because:
Significant administrave burden – you need a system for checking what these people are
doing during their stay (i.e. are they working or not?)
These people don’t make a lot of money as they stay only for a short me
This is not a tax avoidance problem because the person will be taxed in their home country
anyway
Entertainers and sportspersons are taxable (and excluded from secon CW 19) because they make a
large amount of money
o
income of official non-resident entertainers and sportspersons: secon CW 20;
Teams that are officially represenng their country are not taxed
o
income of non-resident crew of vising pleasure craſt: secon CW 21;
o
Defence Force operaonal allowances: secon CW 23;
o
various pensions: secon CW 28;
o
maintenance: secon CW 32;
o
various non-income-tested benefits: secon CW 33;
o
scholarships and bursaries: secon CW 36;
o
income of public authories (government departments, etc): secon CW 38;
o
income of local authories (city councils, etc): secon CW 39;
o
income of charies: secons CW 41, CW 42 and CW 43;
o
income of amateur sports clubs: secon CW 46;
These exempons are subject to various restricons
SUBPART CX – EXCLUDED INCOME
This deals with classes of “excluded income”.
Expenditure incurred in producing excluded income is deducble
(
secon DA 1(1)
(a)(ii)
)
Excluded income includes:
o
GST – you don’t pay tax on the price of your goods/services that comprises the GST (and also minus deducons
on expenses)
o
Fringe benefits
o
Employer’s superannuaon contribuons
o
Kiwisaver tax credits
o
Various kinds of insurance income, mining income, government grants etc.
Exclusion of GST (
secon CX 1
):
o
Excluded income of a registered person includes (1) output tax on goods and services they supply and (2) GST
payable to them by the Commissioner
FRINGE BENEFITS (SECTIONS CX 2 TO CX 38)
Fringe benefits are generally not taxable as income – instead they are chargeable to FBT (mostly under subpart RD).
o
Fringe benefits tax are paid by employers on non-cash benefits supplied by an employer to an employee
o
There are two purposes for FBT – for equity and to prevent avoidance
In the absence of FBT, employers and employees could collude to avoid tax by paying the employee’s
remuneraon by something other than a salary (e.g. stock opons, an interest-free loan for a house,
company cars)
Definion of fringe benefit (
secons CX 2 and CX 4
)
o
A fringe benefit is any benefit that
“is provided by an employer to an employee in connecon with their
employment”, unless “excluded” (
secon CX 2
)
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