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Public consultation Uiuinga tūmatanui

Consultation on draft items

We focus on producing items that accurately and fairly reflect taxation legislation, and are useful in practical situations. Your input into the process is highly valued.

On this page:

Currently consulting on

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?


PUB00337: Donations - What is required to establish and maintain a fund under s LD 3(2)(c) of the Income Tax Act 2007?

A person donating money to a donee organisation can receive tax benefits. A donee organisation can include a fund established and maintained exclusively for the purpose of providing money for charitable, benevolent, philanthropic, or cultural purposes within New Zealand. This item considers what is needed to establish and maintain a fund. It concludes that a “fund” in this context means an actual stock of money or assets set aside for the required purposes, as opposed to a mere accounting expression. The item suggests that best practice for an entity establishing and maintaining a fund is for the creation, operation and winding up of the fund to be included in the rules of the entity’s founding documents or in a separate document. It also suggests that where the fund comprises money (as opposed to other assets) the money is kept in a specific bank account separate from other money.

Comment deadline: 25 April 2019

PUB00337 - PDF format (199KB | 10 pages)


PUB00317 - Income tax - exempt income of non-resident entertainers

This statement considers s CW 20, and the circumstances in which the exemption will apply. This statement is primarily intended to assist those who are paying non-resident entertainers to decide whether the exemption in s CW 20 applies so that payers do not need to withhold tax from payments made. However, it may also be of assistance to non-resident entertainers who are unsure about whether their income is exempt.

Comment deadline: 10 May 2019

PUB00317 - PDF format (455KB | 21 pages)


ED0207: Square metre rate for the dual use of premises

The Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 introduced a new section DB 18AA into the Income Tax Act 2007. The purpose of s DB 18AA is to allow taxpayers to use a simplified method for the calculation of deductions for premises that are used for both business and personal purposes. This operational statement explains how the Commissioner will interpret and apply this section and provides a number of examples of the legislation’s practical application.

Comment deadline: 10 May 2019

ED0207: Square metre rate for the dual use of premises - PDF format (313KB | 13 pages)


PUB00344: Income tax – salary and wages paid in cryptocurrency

This draft ruling considers whether regular remuneration received by employees in cryptocurrency is subject to PAYE. It follows on from Issues Paper IRRUIP 11, which was consulted on last year.

Comment deadline: 3 May 2019

PUB00344 - Salary and wages - PDF format (270KB | 19 pages)


PUB00344: Income tax – bonuses paid in cryptocurrency

This draft ruling considers whether bonuses received by employees in cryptocurrency are subject to PAYE. It follows on from Issues Paper IRRUIP 11, which was consulted on last year.

Comment deadline: 3 May 2019

PUB00344 - Bonuses - PDF format (156KB | 14 pages)


PUB00333: What is the fringe benefit tax, GST and income tax treatment of an employee contribution to a fringe benefit?

This Question We’ve Been Asked explains the fringe benefit tax, GST and income tax treatment of an employee contribution to a fringe benefit.

Comment deadline: 1 May 2019

PUB00333 - PDF format (91kb | 5 pages)


Providing feedback on draft items

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

Related links

Expired draft items 
Public consultation process 
Public Rulings work programme

 

 

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