Rewrite maintenance items
2010 minor rewrites to legislation including corrections to grammar, spelling, terminology and definitions.
The following provisions, most of which come into force on 1 April 2008, have been amended as follows:
- Cross-references
- Grammar
- Spelling
- Punctuation
- Terminology and definitions
- Drafting consistency, including readers' aids, for example, the defined terms lists
- Some defined terms.
| Section in Taxation (GST and Remedial Matters) Act 2010 | Section in principal Act | Description |
|---|---|---|
| Section 28 | Section CD 24(2)(a)(i) (2007 Act) | Cross-reference corrected. |
| Sections 32, 33, 55, 60, 64, 80, 103, 107, 109, 129, 130, 132(10), (18), (29) | Sections CR 3(1), CV 17(2), EG 1(10), EY 48(2), FE 1(1), HD 29(2)(c), HZ 2(2), LC 12(1)(b), LJ 1(2)(a), RE 2(5)(f), RF 2(1), YA 1 "derived from New Zealand", "foreign non-dividend income", "non-filing taxpayer" (2007 Act) | Consequential amendments on adopting the term "source in New Zealand", to replace the term "derived from Zealand". |
| Sections 37(1) and 165 | Section DB 2(2) (2007 Act and 2004 Act) | Cross-reference corrected. |
| Section 38 | DB 46 (2007 Act) | Cross-reference corrected. |
| Section 41 | Section DE 10 (2007 Act) | Correction of terminology. |
| Sections 43, 44, 85, 86(2), 89, 92. 93, 94(2), 97, 98, 99, 100, 101, and 110 | DV 2, DV 5, HM 3, HM 5, HM 15, HM 23, HM 31, HM 35(2), HM 43, HM 47, HM 48, HM 61, HM 62 and LS 4 (2007 Act) | Clarifies the circumstances in which the term "interests" is a reference to the defined term "investor interest". |
| Section 85 | Section HM 3(e) (2007 Act) | Clarifies the circumstances under which a foreign investment vehicle is treated as PIE. |
| Section 86(1) | Section HM 5(4)(a) (2007 Act) | The amendment clarifies that both paragraphs (a) and (b) must be satisfied before an investor is entitled to the relief under this provision. |
| Section 87 | Section HM 6(2)(b) (2007 Act) | Clarifies that a PIE is not liable for income tax in relation to a zero-rated investor. |
| Section 88 | Section HM 9(d) (2007 Act) | Clarifies that trustees of a group investment fund can elect to be a multi-rate PIE in relation to category B income. |
| Section 94(1) | Section HM 35(3)(a) (2007 Act) | Clarifies that the amount "assessable income" in the formula in M 35(2) includes tax credits received by the PIE for the income. |
| Section 105 | Section IC 3(1) (2007 Act) | The term "portfolio tax rate entity" is updated to refer to "multi-rate pie". |
| Section 106 | Section LC 4(1)(c) (2007 Act) | Corrects a cross-reference. |
| Section 113 | Section ME 1(2) (2007 Act) | The placement of the brackets is corrected. |
| Sections 117 and 188 | Sections OB 41(3) and OC 24(3) (2007 Act) | The amendment clarifies the circumstances in which section OB 41 applies to a qualifying company. |
| Section 119 | Sections OZ 7 to OZ 17 (2007 Act) | The compare notes to 2004 Act provisions are omitted as the 2004 Act provisions did not commence. |
| Section 127 | Section RD 22 (2007 Act) | The amendment clarifies that an employer remitting PAYE on a monthly basis need only provide the Employer Monthly Schedule once per month. |
| Section 128 | Section RD 36(2) (2007 Act) | Ensures consistency with the drafting of section CD 39(9) (low interest loans to shareholders.) |
| Section 132(43), (46) | Section YA 1 "source in New Zealand", "transfer of value" (2007 Act) | Correction of cross-references. |
| Section 133 | Section YA 2(5) (2007 Act) | Definition amended to refer to taxes imposed by state and local governments. |
| Section 143(3) | Section 3(1), Tax Administration Act "tax payable" | Ensures definition of "tax payable" is in alphabetical order within section 3. |
| Section 147 | Section 39(5), Tax Administration Act 1994 | A drafting error formula is corrected. |
| Section 151 | Section 85F(3) "company" | Update of terminology relating to certain film grants. |
| Section 168 | Section ND 1E(2) (2004 Act) | Ensures consistency with the drafting of section CD 28(9) (low interest loans to shareholders). |
| Section 188 | Health Entitlement Cards Regulations 1993, regulation 2, "net income" | Correction of a cross-reference. |