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Issue: EH 37 and EH 81

Submission Number 006

Section / Provision Income Tax Act 2004

EH 37 and EH 81

Date Received

02/02/2005
Description of issue

Unintended change in the definition of "specified period" for the purposes of the income equalisation schemes : taxpayers' balance date is no longer relevant to the determination of the "specified period".

Section / Provision Income Tax Act 1994

Section OB 1 - definitions of "accounting year" and "specified period"

Status Finalised
Outcome

8 March 2005

The Panel agreed that there had been an unintended legislative change and recommended that Inland Revenue seek approval from the Minister to retrospectively amend sections EH 37 and EH 81 of the 2004 Act.

The definition of "specified period" will be consistent with that in the 1994 Act. In the 2004 Act, this definition will be related to the 6 month period following the person's approved balance date for income tax purposes.

22 March 2005

Ministerial approval has been given, and officials will endeavour to get the amendment into the next available Bill.


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