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This site contains the Commissioner’s interpretation of tax law, our Work Programme for the year, and where you can provide feedback on any new work underway or apply for a binding tax interpretation. Publications on this Tax Technical website are correct at the date of issue. Read more
This site contains the Commissioner’s interpretation of tax law. Read more

Volume 37 No 1 TIB - February 2025

31 Jan 2025 TIB / Volume 27 - 2025

Commissioner's statement

  • Notice of withdrawal: Tax treatment of computer software

Determination

  • DET 24/04: Amortisation Rates for Listed Horticultural Plants

Rulings

  • BR Prd 24/04: Kiwibank Limited
  • BR Prd 24/05: Air New Zealand Limited

Interpretation statements

  • IS 24/10: Income tax - Share investments
  • IS 25/01: Income tax - deducting costs of travel by a motor vehicle between home and work
  • IS 25/02: FBT - travel by motor vehicle between home and work

Case summaries

  • CSUM 25/01: Goodricke v Commission of Inland Revenue [2024] NZHC 3639
  • CSUM 25/02: Goodricke v Commissioner of Inland Revenue [2024] NZHC 3818 (costs)
  • CSUM 25/03: Commissioner of Police v Cheng [2024] NZHC 3242

Technical decision summaries

  • TDS 24/21: Accommodation provided to an employee
  • TDS 24/22: Transitional residency and cryptoassets
  • TDS 24/23: Depreciation loss on asset no longer used
  • TDS 24/24: Share scheme taxing update

FDR 2025/01 Determination under section 91AAO of the Tax Administration Act 1994 that investors in JPM Aggregate Bond - NZD Hedged Dividend Class X Shares may not use the fair dividend rate method to calculate FIF income

29 Jan 2025 Determinations / International tax / Foreign investment funds / 2025

Any investment by a New Zealand resident investor in shares in the JPM Aggregate Bond Fund (“the Fund”) – NZD Hedged Dividend Class X shares, to which none of the exemptions in sections EX 29 to 43 of the Income Tax Act 2007 apply, is a type of attributing interest for which the investor may not use the Fair Dividend Rate (“FDR”) method to calculate Foreign Investment Fund income for the interest.

FDR 2025/02 Determination the fair dividend rate method may not be used to calculate FIF income by investors in the iShares Core Global Aggregate Bond UCITS ETF – NZD hedged (Accumulating) share class

28 Jan 2025 Determinations / International tax / Foreign investment funds / 2025

Any investment by a New Zealand resident investor in the NZD hedged (Accumulating) share class of the iShares Core Global Aggregate Bond UCITS ETF, a sub-fund of iShares III public limited company, to which none of the exemptions in sections EX 29 to 43 of the Income Tax Act 2007 apply, is a type of attributing interest for which the investor may not use the fair dividend rate ("FDR") method to calculate foreign investment fund income for the interest.

TDS 25/01 Sale of leasehold interests in residential and commercial units

23 Jan 2025 Technical decision summary / 2025
Income tax: PIE rules; assets and income derived from development; whether still within the rules for a PIE

IS 25/03 Income tax - identifying the relevant item of property for depreciation purposes

22 Jan 2025 Interpretation statements / 2025
This interpretation statement provides general guidance on how to identify the relevant item of property when applying the depreciation rules in the income tax legislation. The relevant item of property must be identified to ensure it is a depreciable item and, if so, to determine the applicable depreciation method and rate from which amounts of depreciation losses may be calculated. In many cases, this task will be straightforward. However, in some cases it may be unclear whether an item is a standalone item of property or part of another item of property.

IS 25/03 FS Income tax – identifying the relevant item of property for depreciation purposes - fact sheet

22 Jan 2025 Fact sheets / 2025
This fact sheet accompanies Interpretation Statement IS 25/03: Income tax – identifying the relevant item of property for depreciation purposes. IS 25/03 explains how to identify the relevant item of tangible property when applying the depreciation rules in the Income Tax Act 2007.

IS 25/02 FBT – travel by motor vehicle between home and work

15 Jan 2025 Interpretation statements / 2025

This interpretation statement considers when employer-provided travel by motor vehicle between home and work is a fringe benefit subject to FBT.

Tax Information Bulletin - Vol 27 No 1, February 2025

IS 25/01 Income tax – deducting costs of travel by motor vehicle between home and work

15 Jan 2025 Interpretation statements / 2025

This interpretation statement considers who can claim income tax deductions for expenditure on travel by motor vehicle between home and work under the specific deductibility rules for motor vehicle expenditure, and in what circumstances.

Tax Information Bulletin - Vol 27 No 1, February 2025

IS 25/02 FS FBT – travel by motor vehicle between home and work - fact sheet

15 Jan 2025 Fact sheets / 2025
This fact sheet accompanies IS 25/02, which considers when travel between home and work in an employer-provided motor vehicle is a fringe benefit subject to fringe benefit tax. It does not consider the tax treatment that applies when an employer helps cover the cost of travel between home and work in the employee’s privately owned motor vehicle. For cross-references to information on employer allowances and employer-supplied fuel charge cards, see IS 25/02 at [14].

IS 25/01 FS Income tax – deducting costs of travel by motor vehicle between home and work - fact sheet

15 Jan 2025 Fact sheets / 2025
This fact sheet accompanies IS 25/01, which considers who can claim income tax deductions for expenditure on travel by motor vehicle between home and work under the specific deductibility rules for motor vehicle expenditure, and in what circumstances.
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