TIB - August 2009

Binding rulings

• Decision not to reissue public rulings – BR Pub 03/08 and BR Pub 03/09
• Product rulings BR Prd 09/03, 09/04, 09/05, and 09/06
• Public ruling BR Pub 09/03: Charitable organisations and fringe benefit tax
• Public rulings BR Pub 09/04: Fishing quota – secondhand goods input tax credits
• BR Pub 09/05: Coastal permits and certificates of compliance – secondhand goods input tax credits
• Public ruling BR Pub 09/06: Lease surrender payments received by a landlord – income tax treatment

Legislation and determinations

• DET 09/03: Amount of honoraria paid to members of the Royal New Zealand Plunket Society (Inc) that shall be regarded as expenditure incurred in production of payment
• Determination DEP 71: Tax depreciation rates general determination number 71

Legal decisions – case notes

• Taxpayer should proceed to challenge proceedings when disputing the validity of a notice of response
• Court of Appeal says omission to act can be aiding or abetting
• High Court considers issue when a dividend is paid
• Relitigated decision of the Authority 53

Questions we’ve been asked

• QB 09/04: The relationship between section 113 of the Tax Administration Act 1994 and the proviso to section 20(3) of the Goods and Services Tax Act 1985 when a registered person has not claimed an input tax deduction in an earlier taxable period
• QB 09/05: Residential investment property or properties in Australia owned by New Zealand resident – NRWT treatment of interest paid to Australian financial institution