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Issue: HA 1(1)(a), HA 11(4), HA 14(3), HA 22, HA 24(5), HA 26

Submission Number 112
Submitter

Russell McVeagh

Section / Provision Income Tax Act 2007

HA 1(1)(a), HA 11(4), HA 14(3), HA 22, HA 24(5), HA 26

Section / Provision Income Tax Act 2004

HG 1(c), HG 18, HG 13(1)(c), HG 10(b), HG 16(1)(c), HG 16(2)(d)

Date Received

06/03/2009
Description of issue

This submission sets out what we view as unintended changes to the qualifying company regime in sub-part HA of the Income Tax Act 2007 ('2007 Act") arising from the rewrite of sub-part HG, the equivalent sub-part, in the Income Tax Act 2004 ("2004 Act").

Section / Provision Income Tax Act 1994  
Status Finalised
Outcome
The Panel concludes on all five issues:
    • Issue 1: An unintended legislative change arises in respect of section HA 1(1)(a) of the Income Tax Act 2007.
    • Issue 2: An unintended legislative change arises in respect of section HA 11(4) of the Income Tax Act 2007.
    • Issue 3: No unintended legislative change arises in respect of section HA 14(3) of the Income Tax Act 2007.
    • Issue 4: An unintended legislative change arises in respect of section HA 24(5) of Income Tax Act 2007. That section HA 24(5) of the Income Tax Act 2007 be amended retrospectively.
    • Issue 5: An unintended legislative change arises in respect of section HA 26 of the Income Tax Act 2007. That section HA 26 of the Income Tax Act 2007 be amended retrospectively.
 

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