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Public consultation
Uiuinga tūmatanui

Consultation on draft items

On this page:

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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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:

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 - depreciation rate for gas detectors

This draft determination proposes general depreciation rates for gas detectors (hand-held and fixed) with application from the 2015 and subsequent income years.

Comment deadline: 13 March 2015

ED0169 - RTF format (68kb | 2 pages)
ED0169 - PDF format (21kb  | 2 pages )


Draft provisional depreciation determination: Hydroelectric powerhouses

The Commissioner proposes to set a general depreciation rate for hydroelectric powerhouses by adding a new asset class to the "Power generation and electrical reticulation" industry category.

Comment deadline: 20 March 2015

ED0166 - RTF format (84kb | 2 pages)
ED0166 - PDF format (31kb  | 2 pages )


Draft public ruling: PUB0213 : Income tax - interest deductibility - Roberts and Smith - Borrowing to replace and repay amounts invested in a business or other income-earning activity

These draft Public Rulings consider the deductibility of interest in certain situations where a partnership or taxpayer borrows funds which are used to replace and repay existing funding. The existing funding must have been used in the business or other income earning activity, and have been deductible. The draft Public Rulings mostly concern the application of the replacement and repayment principle established in FC of T v Roberts; FC of T v Smith 92 ATC 4,380. However, one of the Rulings considers interest deductibility more generally in respect of borrowing to make a subvention payment. The draft Public Rulings are re-issues of existing Rulings that expire on 24 May 2015.

Comment deadline: 20 March 2015

PUB0213 - RTF format (589kb | 40 pages)
PUB0213 - PDF format (448kb  | 40 pages )


PUB0215-2: Income Tax-Insurance-Term life insurance policy taken out by employer

This item considers the income tax treatment of a term life insurance policy taken out by an employer for the benefit of an employee (or their spouse, civil union partner, de facto partner, or child). It concludes that the amount of the premiums is deductible to the employer and subject to FBT. Lump sums paid out under the policy will not be taxable income of the employee (or the employee's estate).

Comment deadline: 27 March 2015

PUB0215-2 - RTF format (141kb | 5 pages)
PUB0215-2 - PDF format (115kb  | 5 pages )


PUB0215: Income Tax-Insurance-Term life insurance policy taken out by employee

This item considers the income tax treatment of a term life insurance policy taken out by an employee for their own benefit where the premiums are paid by the employer. It concludes that the amount of the premiums is deductible to the employer and subject to PAYE for the employee. Lump sums paid out under the policy will not be taxable income of the employee (or the employee's estate).

Comment deadline: 27 March 2015

PUB0215 - RTF format (112kb | 3 pages)
PUB0215 - PDF format (100kb  | 3 pages )


Draft operational statement: GST and the costs of sale associated with mortgagee sales

This operational statement sets out the Commissioner’s position on GST input tax claims for the costs of sale associated with mortgagee sales.

Comment deadline: 27 March 2015

ED0164 - RTF format (213kb | 5 pages)
ED0164 - PDF format (63kb  | 5 pages )


INS0109 : Goods and Services Tax - GST and retirement villages

This draft Interpretation Statement updates IS 10/08 "Retirement villages - GST treatment" to reflect legislative changes made since 2010 to the Goods and Service Tax Act 1985. The analysis has been updated to reflect the new definitions of "dwelling" and "commercial dwelling", the new GST apportionment rules (which replaced the principal purpose test and related provisions), and the new zero-rating of land rules as they relate to retirement villages.

Comment deadline: 7 April 2015

INS0109 - RTF format (968kb | 61 pages)
INS0109 - PDF format (719kb  | 61 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

 

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Date published: 11 Jun 2013

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