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Issue: OB 1

Submission Number 001

Section / Provision Income Tax Act 2004

OB 1

Date Received

14/10/2004
Description of issue The submission is that the time period for making distributions from trusts as “beneficiary income” has been changed from a period ending on 30 September to a period that ends 6 months after the end of the income year (which is the accounting period) of the trust.
Section / Provision Income Tax Act 1994 OB 1
Status Finalised
Outcome
1. The Panel agreed that there is an unintended legislative change in the 2004 Act.

2. The Panel observed that the position in the 2004 Act is consistent with the position in the 1976 Act.

3. The Panel has recommended that IRD consider a remedial retrospective amendment to the 1994 Income Tax Act, to bring it into line with the 1976 and 2004 Acts.

4. The Panel has recommended that any such amendment not have any adverse effect on taxpayers who have relied on the current wording of the 1994 Act.

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