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Transcript of AX INFORMATION BULLETIN - ird.govt.nz .AX INFORMATION BULLETIN Vol 17, No 7 September 2005 ......

  • This is an Inland Revenue service to people with an interest in New Zealand taxation

    ISSN 01147161

    AX INFORMATION BULLETIN Vol 17, No 7

    September 2005

    CONTENTSGet your TIB sooner on the internet 2This months opportunity for you to comment 3Binding rulings 4Product ruling BR PRD 05/02 9Public ruling BR PUB 05/13 10

    New legislationTaxation (Base Maintenance and Miscellaneous Provisions) Act 2005 15

    Policy issues Thin capitalisation rules for banks 15 New rules for business environmental expenditure 23 Tax exemption for petroleum exploration and development 31 Changes to imputation credit rules 31 Changes to the tax depreciation rules 35 Death and asset transfers 41 Tax recovery provision: application to civil penalties and interest 44 Excess imputation credits 44 Resident withholding tax and offshore unit trusts 45 Determination of residence of Cook Island National Superannuation Fund 47 Right of non-disclosure for tax advice 47 Paid parental leave information exchange between Inland Revenue and the Department of Labour 51 Publication of tax offenders names 51 GST and the fire service levy 52 GST deregistration for non-residents 52Remedial issues Rewrite amendments 53 Miscellaneous remedial amendments 55

    Other legislationThe Charities Act 2005 Tax implications 58

    Legal decisions case notesCertain ACC Interest receipts exempt from tax CIR v Buis and Burston 62Taxpayers failure to pursue appeal results in dismissal for want of prosecution TJ Power v CIR 62

    Regular featuresDue dates reminder 64Your chance to comment on draft taxation items before they are finalised 66

  • GET YOUR TIB SOONER ON THE INTERNETThis Tax Information Bulletin is also available on the internet in PDF. Our website is at www.ird.govt.nz

    It has other Inland Revenue information that you may find useful, including any draft binding rulings and interpretation statements that are available.

    If you prefer to get the TIB from our website and no longer need a paper copy, please let us know so we can take you off our mailing list. You can do this by completing the form at the back of this TIB, or by emailing us at IRDTIB@datamail.co.nz with your name and details.

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    Inland Revenue Department Tax Information Bulletin: Vol 17, No 7 (September 2005)

  • THIS MONTHS OPPORTUNITY FOR YOU TO COMMENT Inland Revenue produces a number of statements and rulings aimed at explaining how taxation law affects taxpayers and their agents.

    Because we are keen to produce items that accurately and fairly reflect taxation legislation, and are useful in practical situations, your input into the processas perhaps a user of that legislationis highly valued.

    The following draft item is available for review/comment this month, having a deadline of 26 September 2005.

    Ref. Draft type Description

    ED0076 Question weve been asked Tax treatment of RWT credits on interest

    Please see page 66 for details on how to obtain a copy.

    The following draft item is available for review/comment this month, having a deadline of 28 September 2005.

    Ref. Draft type Description

    ED0079 Standard practice statement Remission of penalties and interest

    Please see page 66 for details on how to obtain a copy.

    The following draft items are available for review/comment this month, having a deadline of 30 September 2005.

    Ref. Draft type Description

    QB0045 Question weve been asked The impact of company amalgamations on financial arrangement determinations

    IS0061 Interpretation statement Shortfall penalty for taking an abusive tax position

    Please see page 66 for details on how to obtain a copy.

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    Inland Revenue Department Tax Information Bulletin: Vol 17, No 7 (September 2005)

  • BINDING RULINGSThis section of the TIB contains binding rulings that the Commissioner of Inland Revenue has issued recently.

    The Commissioner can issue binding rulings in certain situations. Inland Revenue is bound to follow such a ruling if a taxpayer to whom the ruling applies calculates tax liability based on it.

    For full details of how binding rulings work, see our information booklet Adjudication & Rulings, a guide to binding rulings (IR 715) or the article on page 1 of Tax Information Bulletin Vol 6, No 12 (May 1995) or Vol 7, No 2 (August 1995).

    You can download these publications free from our website at www.ird.govt.nz

    PRODUCT RULING BR PRD 05/02This is a product ruling made under section 91F of the Tax Administration Act 1994.

    Name of the Person who applied for the RulingThis Ruling has been applied for by BNZ Investment Management Limited as Trustee (the Trustee) of the superannuation fund known as the BNZ 25 NZ Equity Index Fund.

    Taxation LawsAll legislative references are to the Income Tax Act 2004 unless otherwise stated.

    This Ruling applies in respect of section HH 3(5) and the definitions of superannuation fund and qualifying trust in section OB 1.

    The Arrangement to which this Ruling appliesThe Arrangement is the operation by the Bank of New Zealand of a superannuation fund known as the BNZ 25 NZ Equity Index Fund (the Fund). The operation of the Fund is governed by the Trust Deed dated 24 February 1997 (the Trust Deed) as amended on 23 March 2001, 31 July 2002 and the Deed of Amendment which will be the same as, or not materially different from, the draft deed provided to the Commissioner on 21 June 2005 (the Amending Trust Deed).

    Further details of the Arrangement are set out in the paragraphs below:

    1. The Fund is registered under the Superannuation Schemes Act 1989, as are the retail superannuation funds which invest in it.

    2. The Sponsor of the Fund is the Bank of New Zealand. The Trustee is also the Manager of the Fund.

    3. The Fund acts as a wholesale superannuation fund into which other wholesale and retail superannuation funds invest. The Fund also operates for the purpose of providing retirement benefits to the limited number of natural persons who invest directly in it.

    4. Members of the Fund are only treated differently in relation to the application fees, issue price and exit price (to the extent that such prices change over time to reflect the change in value of the Fund) and costs associated with entry into, and maintenance of, the Fund.

    5. The retail funds investing in the Fund are superannuation funds (both employee and personal) which have previously been (or may in future be) established completely independently from the establishment of the Fund. For example, an existing BNZ retail fundthe Bank of New Zealand Future Lifestyle Plancurrently invests in the Fund. Superannuation funds other than superannuation funds established by or managed by the Bank of New Zealand have also invested in the Fund.

    6. The Fund was established for the purposes of being a wholesale investment vehicle for other wholesale funds and retail superannuation funds and for the purposes of providing retirement benefits to the limited number of individual natural persons who invest directly in it. All the wholesale and retail superannuation funds which invest in the Fund have been or will be established for the purposes of ultimately providing retirement benefits for individual natural persons.

    7. The Fund is a passive investment vehicle, investing only in a portfolio of equity securities each of which is listed on the New Zealand Stock Market (NZSX) operated by New Zealand Exchange Limited (NZX), together with a small cash pool. The Fund will be managed so as to track the composition of a set of listed equity securities which together form the constituent part of an Index known as the BNZ 25 Equity Index (the Index).

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    Inland Revenue Department Tax Information Bulletin: Vol 17, No 7 (September 2005)

  • The Index8. The Index comprises up to 25 of the largest New

    Zealand equity securities listed on the NZSX, based on average weekly market capitalisation. The Fund will not be subject to any active management as such. Rather, it will be managed to track the composition of a set of listed equity securities that together form the constituent parts of the Index. The weighting of each security in the Index will reflect its respective market capitalisation at the relevant date.

    9. The home exchange of each stock can be any of the grey list countries as they are defined in New Zealand tax law. If the equity security is listed on the NZSX and meets the other criteria, it will be included in the Index. There is no discretion as to whether a grey list country security listed on the NZSX is included in the Index. The equity securities will normally be shares but there may also be convertible notes.

    10. The market capitalisation for securities is calculated as follows:

    (a) securities that have the NZX as their home exchange will be calculated in accordance with the formula:

    number of shares (or convertible notes) on issue x closing price of the share (or convertible note)

    where number of shares (or convertible notes) on issue does not include treasury stock;

    (b) securities that have their home exchange outside New Zealand will be calculated in accordance with the formula:

    number of shares (or convertible notes) listed in New Zealand x closing price of the share (or convertible note)

    Cash investments of the Fund11. Approximately 99% of the net asset value of the

    Fund will be invested in such investments as the Trustee considers necessary to track the Index. While the majority of available funds will be invested to track the Index, a cash pool of up to 1% of the net assets of the Fund will be maintained subject to the exceptions listed in condition (a) of the existing binding private ruling fo