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Issue:  LJ 5(5) and 5(6), LC14(4)

Submission Number 65
Submitter Casey Plunket - Chapman Tripp

Section / Provision Income Tax Act 2007

LJ 5(5) and 5(6)

Section / Provision Income Tax Act 2004

LC 14(4)

Date Received

03/06/08
Description of issue

The formula for calculating a person's notional income tax liability in section LJ 5(5) of the 2007 Act is not the same as the formula for calculating that amount under the 2004 Act.  In particular, the word losses in section LJ 5(6) either refers to no losses at all, or to a much smaller class of losses than the net losses referred to in section LC 14(4) of the 2007 Act.

Section / Provision Income Tax Act 1994  
Status Finalised
Outcome

A cross-referencing error arises in respect of s. LJ 5(6)(b), where it refers to section IA 3.

The Income Tax Act 2007 to be amended retrospectively.


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