Technical tax area: Interpretation guidelines and interpretation statements
Interpretation guidelines discuss the Commissioner's approach to the interpretation of a general area of law where there are also taxation implications. For example, IG009: Employee or independent contractor? assists taxpayers to determine their employment status for tax purposes.
- Interpretation statements set out the Commissioner's view of the taxation laws in relation to a particular set of circumstances in cases when a binding public ruling cannot be issued or is considered to be inappropriate.
The table below lists interpretation guidelines and interpretation statements issued in 2013, other interpretations are sorted by the year in which they were issued.
IS 13/03 - Income tax - Deductibility of expenditure incurred in borrowing money - section DB 5 Transitional operational statement
The recently published Interpretation Statement IS 13/03 changes our position about the deductibility of some insurance premiums under section DB 5. The Commissioner recognises that taxpayers may have incorrectly relied on earlier advice on mortgage repayment insurance premiums when entering into other insurance contracts. The transitional operational statement outlines an approach that will enable taxpayers who have already entered into certain arrangements some time to transition into the expected treatment.
Date of issue: 22 November 2013
IS 13/03 - RTF format (49kb | 1 page)
IS 13/03 - PDF format (22kb | 1 page)
IS 13/03 - Income tax - Deductibility of expenditure incurred in borrowing money - section DB 5
This Interpretation Statement considers the application of section DB 5, which provides for the deductibility of expenditure incurred in borrowing money for use as capital in deriving income. It considers the relationship between section DB 5 and the financial arrangements (FA) rules, and looks at when borrowing costs may be deductible under section DA 1 (the general deductibility provision).
Date of issue: 22 November 2013
IS 13/03 - RTF format (1.2MB | 49 pages)
IS 13/03 - PDF format (364kb | 49 pages)
IS 13/02 - Income tax - whether certain rights conferred by the Companies Act 1993 could give rise to a "shareholder decision-making right"
This 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.
Date of issue: 16 September 2013
IS 13/02 - RTF format (498kb | 21 pages)
IS 13/02 - PDF format (340kb | 21 pages)
IS 13/01 - Tax Avoidance and the interpretation of sections BG 1 and GA 1 of the Income Tax Act 2007
This interpretation statement outlines the Commissioner's view of the law on tax avoidance in New Zealand. It sets out the Commissioner's view of the principles to be applied and provides a framework within which those principles will be applied. The Commissioner applies the approach to sections BG 1 and GA 1 established by the Supreme Court in Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue  NZSC 115 and subsequently confirmed in all relevant judicial decisions. Flow charts and examples illustrating how the approach is worked through are included. The statement also discusses various legal issues that may arise.
This statement replaces the Commissioners statement on section 99 of the Income Tax Act 1976 (Appendix C to the Tax Information Bulletin, Vol 1, No 8, February 1990).
Date of issue: 13 June 2013
IS 13/01 - RTF format (4.48mb | 135 pages)
IS 13/01 - PDF format (790kb | 135 pages)
Microsoft Word Viewer 2003 can be used to access .rtf (Rich Text Format) files.
Date published: 15 Jun 2007
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