The Issues Log

Section / Provision Income Tax Act 2007

Section / Provision Income Tax Act 2004

Date Received

A number of provisions in the Income Tax Act 2004 are subject to limitations or qualifications found in amending Acts. These have not been reproduced for the Income Act 2007. 

Give examples: Another example where an amending Act qualifies a section in the Income Tax Act 2004 is section 24(2) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 which qualifies section CW 11C of the Income Tax Act 2004, but has not been reproduced for CW 13 of the Income Tax Act 2007.

The Panel concludes an unintended legislative change does not arise in respect of sections CB 30 and CW 13 of the Income Tax Act 2007 through the use of section ZA 3(2) of the Income Tax Act 2007.

RAP recommends IRD write a TIB item on section ZA 3(2) of the Income Tax Act 2007.