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Issue: EX 52, EX 44c(1)

Submission Number 104
Submitter WHK Auckland

Section / Provision Income Tax Act 2007

EX 52

Section / Provision Income Tax Act 2004

EX 44c(1)

Date Received

17/06/2009
Description of issue S EX 52(2) appears to calculate FDR income on a line by line basis rather than a pooled basis. Although S EX 52(2) refers to \"total FIF income\" and ättributing interests\", it only refers to \"the FIF\" rather than all FIFs.

This can be contrasted with S EX 44C(1) of the Income Tax Act 2004 where the FDR calculation is clearly on a pooled basis.

Give examples: FIF interest X bought for $1000 and sold within year for $700. FIF interest Y bought for $2000 and sold for $2100 within the year.

FDR Calculations applying S EX 52:

Peak Holding Adjustment

FIF X = $1,000 x 5% = $50

FIF Y = $2,000 x 5% = $100

Quick Sale Gain

FIF X = $700 - $1,000 = $300 Loss

FIF Y = $2,100 - $2,000 = $100 Gain

 

Section / Provision Income Tax Act 1994

EX 44c

Status Pending
Outcome  

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