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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.
Subscribe to receive a fortnightly email updating you on finalised public items and draft public items that have been released for external consultation.
You can receive email notifications when draft public items are available for comment. Contact Public Consultation to be placed on a distribution list.
For information about proposed changes to tax law visit the Policy Advice Division website.
Final items can be found in our technical tax area, and using the links below:
- Interpretation guidelines and interpretation statements
- Public rulings
- Standard practice statements
- Product rulings
- Questions we've been asked
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?
QWB0081: Tax Administration Act 1994 - Meaning of "due and payable" under section 91E(4)(d)(i)
The draft QWBA considers a specific situation where the Commissioner may not issue a private binding ruling for a taxpayer. The item concludes that the Commissioner cannot issue a ruling unless the application is received before the due date for payment of the relevant tax type for the relevant tax period (regardless of whether or not any tax is actually payable).
Comment deadline: 8 July 2015
QWB0081 - RTF format (125kb | 2 pages)
QWB0081 - PDF format (43kb | 4 pages)
PUB00184: Approval - income tax - currency conversions for branches
When converting foreign currency amounts to $NZ the default method under the Act is to use the close of trading spot exchange rate. This draft item approves six alternative currency conversion methods and four foreign exchange rate sources for use by branches. A branch includes a foreign branch of a New Zealand entity’s business or a New Zealand branch of a foreign entity’s business. This should help reduce compliance costs and provide taxpayers with greater certainty by confirming existing practice.
Comment deadline: 22 July 2015
PUB00184 - RTF format (185kb | 8 pages)
PUB00184 - PDF format (111kb | 8 pages)
PUB00236: Income tax - scenarios on tax avoidance - 2015
This draft Question We’ve Been Asked (QWBA) is about applying section BG 1 to three scenarios discussed at a tax conference in 2014. The scenarios concern the use of a limited partnership as part of the restructuring of a business, borrowing to invest in a portfolio investment entity (PIE), and where trustees of a discretionary trust take into account the tax position of the beneficiaries when making decisions about distributions of beneficiary income.
The draft QWBA concludes that section BG 1 would apply in the PIE scenario and would not apply in the other scenarios.
Comment deadline: 23 July 2015
PUB00236 - RTF format (427kb | 17 pages)
PUB00236 - PDF format (178kb | 17 pages)
Draft General Depreciation Determination ED0179: Carports
The Commissioner proposes to set a general depreciation rate for "Carports - freestanding or lean-to" under the "Buildings and structures" asset category in the Commissioner’s Table of Depreciation Rates. Includes images of structures viewed by the Commissioner as typical carports versus an extension of a building.
Comment deadline: 31 July 2015
ED0179 - RTF format (1.8mb | 3 pages)
ED0179 - PDF format (328kb | 3 pages)
Draft General Depreciation Determination ED0180: Rail passenger service electric multiple units
The Commissioner proposes to set a general depreciation rate for "Rail passenger service electric multiple units” under the "Transportation"asset category in the Commissioner’s Table of Depreciation Rates.
Comment deadline: 31 July 2015
ED0180 - RTF format (67kb | 2 pages)
ED0180 - PDF format (110kb | 2 pages)
You can email your comments to us at firstname.lastname@example.org 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
Inland Revenue Department
PO Box 2198
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Date published: 03 Jun 2015