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Issue: CD 39(9)(c), CD39(9)(b)

Submission Number 122
Submitter BDO

Section / Provision Income Tax Act 2007

CD 39(9)(c), RD 36(2)(c), CD 39(9)(b)

Section / Provision Income Tax Act 2004

CD 28(9)(c), ND 1E(2)(c), CD 28(9)b)

Date Received

14/10/09
Description of issue

1. Dividends with nil RWT or NRWT to pay could be included as a backdated repayment

 

2. Concept of \"income\" is much larger than concept of \"gross income\" in the ITA 1994

 

3. Concept of \"income\" is much larger than concept of \"gross income\" in ITA 1994

Section / Provision Income Tax Act 1994 CF 2(12)(b)(v), CI 3(3)(c), CF 2(12)(b)(iv)
Status Pending
Outcome

The Panel concludes there is an unintended legislative change on three issues, refer to PAD to review underlying policy and amend legislation as appropriate – prospectively and add schedule 22a of the Income Tax Act – intended policy change.


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