TIB - October/November 2009
Binding rulings
- BR Prd 09/08: Newmont Mining NZ Companies (Consolidated Group)
- BR Prd 09/09: Air New Zealand Limited
Legislation and determinations
- FDR 2009/03: A type of attributing interest in a foreign investment fund for which a person may not use the fair dividend rate method (PIMCO Funds: Global Investors Series plc Global Bond Fund)
- FDR 2009/5: Use of fair dividend rate method for a type of attributing interest in a foreign investment fund that is a derivative income trust
- Cancellation of Determination G30: Debt securities, finance leases and hire purchase agreements denominated in New Zealand dollars
- Foreign currency amounts – conversion to New Zealand dollars
Legal decisions – case notes
- Commissioner entitled to discovery
- Application of High Court orders stayed by Court of Appeal
- Legal expenses non-deductible
- Court of Appeal says Privacy Council decision in relation to bank cheques and drafts binding
- Avoidance arrangement and Commissioner’s reconstruction confirmed
- Judicial Review action against Commissioner struck out because disputes process not followed
- Reparation and section 109 of the Tax Administration Act 1994
- No right of appeal from Taxation Review Authority’s interlocutory decisions
- Challenge to jurisdiction of Taxation Review Authority fails
- Entitlement to deregister from GST and decision on whether or not a sale was planned results in partial win for the Commissioner
Part II: New legislation
- Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009