Public consultation
About the consultation process
Inland Revenue produces a number of statements and rulings to explain to taxpayers and their agents how taxation laws affect them. These are produced by the Office of the Chief Tax Counsel (OCTC) and Legal and Technical Services business groups of Inland Revenue. We are keen to produce items that accurately and fairly reflect taxation legislation and are useful to taxpayers and their advisors. Your feedback, as a user of that legislation, is highly valued.
You can have your say by providing us with comment on the technical and/or commercial aspects of the drafts. We will acknowledge receipt of your comments immediately, and reply in more detail to you before the item is finalised.
Drafts currently available for consultation are listed below and can be downloaded until the comment deadline. New drafts will be added as they become available.
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You can subscribe to receive an email notification when exposure drafts on proposed tax rulings are available for comment.
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For information about proposed changes to tax law visit the Policy Advice Division website.
Looking for final items?
Final items can be found in our technical tax area, and using the links below:
- Determinations
- Interpretation guidelines and interpretation statements
- Public rulings
- Standard practice statements
- Product rulings
- Questions we've been asked
Draft items
Let us know what you think about our drafts. Are they technically accurate? Do they fairly reflect taxation legislation? Are they in line with commercial reality and useful in practical situations?
Income tax - standard project agreement for a public-private partnership
This draft public ruling considers the key income tax implications of the standard form contract relating to public-private partnerships.
Comment deadline: 24 May 2013
PUB0195 - RTF format (464kb | 30 pages)
PUB0195 - PDF format (303kb | 30 pages)
Income tax - retention money
This draft QWBA does not represent a change in the Commissioner’s longstanding published view on the tax treatment of retention money. This item, when finalised, will replace and update an item published in March 1980 in Public Information Bulletin No 103.
It might also be noted that where a retention payment is to be taxed but has not been actually received (such as where the payer has become insolvent), a bad debt deduction will generally be available to the taxpayer under section DB 31 of the Income Tax Act 2007.
Comment deadline: 31 May 2013
QWB0123 - RTF format (109kb | 4 pages)
QWB0123 - PDF format (47kb | 4 pages)
Income tax - whether certain rights conferred by the Companies Act 1993 could give rise to a - "Shareholder decision-making right"
This draft interpretation statement concerns whether certain rights conferred by the Companies Act 1993 could give rise to a "shareholder decision-making right" as defined in section YA 1 of the Income Tax Act 2007. This statement addresses an issue that has been raised by taxpayers and their advisers in the course of a number of private binding ruling applications.
Comment deadline: 7 June 2013
INS0125 - RTF format (378kb | 17pages)
INS0125 - PDF format (288kb | 17 pages)
Income tax - foreign tax credits: what is a tax of substantially the same nature as income tax imposed under s BB 1?
This draft interpretation statement relates to tax credits under subpart LJ of the Income Tax Act 2007 for taxes that are not covered by a Double Taxation Agreement. It sets out the Commissioner’s view of how s YA 2(5) should be interpreted and applied. In particular, it identifies the characteristics that the Commissioner considers necessary for a foreign tax to be a tax "of substantially the same nature as income tax imposed under s BB 1".
Comment deadline: 14 June 2013
INS0122 - RTF format (904kb | 43 pages)
INS0122 - PDF format (553kb | 43 pages)
Bodies Corporate - GST Registration
This issues paper discusses the GST treatment of bodies corporate registered under the Unit Titles Act 1972 or the Unit Titles Act 2010. There has been uncertainty in this area for some time and the issues paper has been released to stimulate discussion of the issues. The Commissioner's tentative view is that a body corporate carries on a taxable activity and makes supplies to the owners of a number of services required by law. This includes maintenance, organising building insurance, and administration and financial management of the development. The body corporate levies owners to fund these services and the Commissioner's view is that it is arguable these fees are consideration for the supplies by the body corporate.
The issues paper invites submissions from interested parties on both the legal position and the appropriate policy outcome. Submissions will be taken into account in deciding Inland Revenue's future position on this matter.
The accompanying statement below sets out the Commissioner's interim operational position.
Comment deadline: 18 June 2013
Issues paper - IRRUIP7 - RTF format (6.3mb | 39 pages)
Issues paper - IRRUIP7 - PDF format (207kb | 39 pages)
Bodies Corporate - GST Registration - Commissioner’s interim operational position
This statement sets out the Commissioner's interim operational position on GST registration by Bodies Corporate.
Comment deadline:
CIR's interim operational position - Bodies Corporate GST registration - RTF format (48kb | 1 page)
CIR's interim operational position - Bodies Corporate GST registration - PDF format (17kb | 1 page)
The Commissioner of Inland Revenue's search powers
This draft statement outlines how Inland Revenue will exercise the Commissioner's information gathering powers under sections 16, 16B and 16C of the Tax Administration Act 1994 and the Search and Surveillance Act 2012.
Comment deadline: 24 June 2013
ED0152 - RTF format (536kb | 31 pages)
ED0152 - PDF format (376kb | 31 pages)
Draft General Depreciation Determination: Buildings with reinforced concrete framing (default class), Buildings with steel or steel and timber framing (default class), Buildings with timber framing (default class)
The Commissioner proposes to set general economic depreciation rates for various categories of buildings by adding new default asset classes to the "Building and Structures" asset category. The Commissioner also proposes deleting the asset classes for these same categories of buildings that are not default classes.
Comment deadline: 30 June 2013
ED0158 - RTF format (84kb | 3 pages)
ED0158 - PDF format (153kb | 3 pages)
You can email your comments to us at public.consultation@ird.govt.nz This email address is only for providing feedback on public drafts.
For all other feedback, please use our Comments and feedback form
If you wish to post us your comments, send them to:
Team Manager, Technical Services
Office of the Chief Tax Counsel
National Office
Inland Revenue Department
PO Box 2198
Wellington
Download Microsoft Word Viewer to access .doc files if you do not have Microsoft Word.
Date published: 03 May 2013
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