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Issue: CE 1, YA 1

Submission Number 121
Submitter BDO Gisborne Ltd

Section / Provision Income Tax Act 2007

CE 1, YA 1

Section / Provision Income Tax Act 2004

CE 1, YA 1

Date Received

2/11/2009
Description of issue

Do amounts listed in CE 1 [amounts derived in connection with employment] apply to independent contractors receiving schedular payments?

Give examples: A self employed farm contractor provided with free board.  Farmer as the employer must deduct withholding tax from schedular payments made to the contractor and deduct PAYE from market value of board under RD 6.

Section / Provision Income Tax Act 1994

OB 1 definitions of Monetary Remuneration and Employment 

Status Finalised
Outcome

The Panel agrees there is an unintended legislative change and also recommends a more detailed review of the policy by officials:

(a)    legislative clarification that there is no income tax payable on the provision of board and lodgings to an independent contractor even though they are subject to source deduction payments;

(b)    the value of the benefit concept be reinstated to that position applying under the 1994 Act together with the definition of "monetary remuneration" in the 1994 Act;

(c)    clarifying legislation about the application of the “benefit” requirement for accommodation allowances be enacted.

 

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