Public rulings: Public rulings 2009
Download public rulings for 2009
Inland Revenue issues public rulings to give an interpretation on how a tax law applies to taxpayers and arrangements. These rulings set out our view of specific types of arrangements. Taxpayers whose circumstances match those in a ruling may apply it, but are not obliged to do so.
If you calculate your tax liability according to an applicable public binding ruling, Inland Revenue must assess your tax according to that ruling. A public ruling applies only to the particular taxation law and arrangement set out in the ruling and only for a specified period. If there is any material difference between the facts in the ruling and a taxpayer's actual arrangement, the ruling does not apply.
Public rulings are issued by the Office of the Chief Tax Counsel. If you have any inquiries about public rulings, please contact Technical Services.
The list below has all the public rulings for the year you have selected.
Deductibility of break fee paid by a landlord to exit early from a fixed interest rate loan / Deductibility of break fee paid by landlord to vary the interest rate of an existing fixed interest rate loan
These two public rulings consider the deductibility of a break fee paid by a landlord to a lender to exit early from, or vary the interest rate of, a fixed interest rate loan. The rulings have been combined in a single document with a joint commentary.
Ruling applies from: 1 April 2008 to 31 March 2012
Current status: Expires 2011/12 income year (under review)
BR Pub 09/09 and 09/10 - RTF format (176kb | 14 pages)
BR Pub 09/09 and 09/10 - PDF format (90kb | 14 pages)
"Cost price of the vehicle" - meaning of the term for fringe benefit tax purposes
This ruling considers what is included in the "cost price" of a motor vehicle for fringe benefit tax purposes. It replaces public ruling BR Pub 03/06 published in Tax Information Bulletin Vol 15, No. 9 (September 2003).
Ruling applies from: 1 November 2008 for an indefinite period
Current status: Indefinite
BR Pub 09/08 - RTF format (272kb | 16 pages)
BR Pub 09/08 - PDF format (106kb | 16 pages)
Provision of benefits by third parties - fringe benefit tax consequences - section CX 2(2)
This ruling considers the application of section CX 2(2) of the Income Tax Act 2007 to the receipt of a benefit by an employee from a third party where there is an arrangement between the employer and the third party, and where the benefit would be subject to FBT if it had been provided by the employer. This is a reissue of Public Ruling BR Pub 04/05, published in Tax Information Bulletin Vol 16, No 5 (June 2004), which applied for the period from 20 May 2004 until 19 May 2007.
Ruling applies from: the period beginning on the first day of the 2008/09 income year and ending on the last day of the 2013/14 income year.
Current status: Expires 2013/14 income year
BR Pub 09/07 - RTF format (321KB | 24 pages)
BR Pub 09/07 - PDF format (116KB | 24 pages)
Lease surrender payments received by a landlord - income tax treatment
This ruling addresses the issue of whether a lease surrender payment received by a landlord in the business of leasing property is (a) income under section CB 1(1) as an amount derived from a business, or (b) income under sections CC 1(1) and CC 1(2) as an amount derived from a lease by the owner of land.
Ruling applies from: The first day of the 2008/09 income year for an indefinite period
Current status: Indefinite
BR Pub 09/06 - RTF format (143kb | 16 pages)
BR Pub 09/06 - PDF format (71kb | 16 pages)
Fishing quota - secondhand goods input tax credits / Coastal permits and certificates of compliance - secondhand goods input tax credits
BR Pub 09/04 and 09/05 are reissues of BR Pub 03/07 and 03/10 respectively. BR Pub 09/04 considers whether a secondhand goods input tax credit is available to a GST-registered person when they purchase fishing quota from an unregistered person (the term "fishing quota" includes individual transferable quota and annual catch entitlements under the Fisheries Act 1983 and Fisheries Act 1996). BR Pub 09/05 considers whether a secondhand goods input tax credit is available to a GST-registered person when they purchase coastal permits or certificates of compliance from an unregistered person.
Ruling applies from: 13 November 2006 to 30 June 2014
Current status: Expire 30/06/14
BR Pub 09/04 and BR Pub 09/05 - RTF format (259kb | 26 pages)
BR Pub 09/04 and BR Pub 09/05 - PDF format (162kb | 26 pages)
Charitable organisations and fringe benefit tax
This ruling addresses the issue of when the charitable organisations exclusion from fringe benefit tax in section CX 25 of the Income Tax Act 2007 will apply. The ruling and commentary discuss what activities are non-charitable activities of a charitable organisation, and what it means for a benefit to be provided "mainly in connection with" a non-charitable business activity.
Ruling applies from: The first day of the 2008/09 income year for an indefinite period
Current status: Indefinite
BR Pub 09/03 - RTF format (168kb | 13 pages)
BR Pub 09/03 - PDF format (86kb | 13 pages)
Federal Insurance Contributions Act (FICA) - fringe benefit tax (FBT) liability
This ruling considers whether contributions paid under the US Federal Insurance Contributions Act (FICA) by an "American employer" who employs a US citizen in New Zealand could be subject to FBT.
Ruling applies from: 1 July 2009 for an indefinite period
Current status: Indefinite
BR Pub 09/02 - RTF format (170KB | 13 pages)
BR Pub 09/02 - PDF format (72KB | 13 pages)
Payments made by parents of guardians or students to state schools - GST treatment
This ruling is a re-issue of an expired public ruling that was issued in 2003 and expired in 2006. The ruling addresses the GST treatment of payments made by the parents or guardians of pupils who are New Zealand citizens or residents and who are enrolled at state schools (including schools integrated with the state system of education under the Private Schools Conditional Integration Act 1975) to the Boards of Trustees of such schools.
Ruling applies from: 21 June 2006 to 20 June 2013
Current status: Expires 20/06/13
BR Pub 09/01 - RTF format (290kb | 17 pages)
BR Pub 09/01 - PDF format (97kb | 17 pages)
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Date published: 27 Mar 2009
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