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  Remedial Issues Log






















 


In March 2010, the Minister of Revenue, the Hon Peter Dunne, announced that the role of the Panel was being expanded to include remedial matters that do not arise from the ITA Rewrite project.

The Panel is only able to deal with particular issues on which the Minister of Revenue calls for submissions. These issues do not include matters that have already been accepted for the tax policy work programme.

The Minister of Revenue has called for submissions on the following Remedial Issues:

Remedial Issue Ref
Remedial Issue
Submissions Due by
Submission Ref
Remedial Issue Submissions Description
Status of Remedial Issue

R-1

 

Available Subscribed Capital (ASC) on corporate reorganisation

(announced 23 July 2010)

 

3rd Sep 10

R-1-001

ASC on company amalgamations - (Ernst & Young)

Completed - The Panel recommends that any consequential tax issues be placed on the tax policy work programme.

R-1-002

Share for share exchange limitations - (Ernst & Young)

R-1-003

Debt capitalisations - (Ernst & Young)

R-1-004

Cost of acquired shares where the share for share limitation applies - (Chapman Tripp)

Completed - The Panel recommends that any consequential tax issues be placed on the tax policy work programme.

R-2

 

Beneficiary income of trusts.

(announced 23 July 2010)

 

3rd Sep 10

R-2-001

Distribution of income to charitable trusts as beneficiary income - (Simpson Grierson)

Report has gone to Minister

R-2-002

Distributions from charitable trusts are not "beneficiary income" - (Simpson Grierson) Report has gone to Minister

R-2-003

Treatment of notional income as beneficiary income - (Includes PIE income, FIF income FDR method) Report has gone to Minister

R-2-004

Can notional income vest absolutely in interest? Report has gone to Minister

R-2-005

Distribution of losses - (PricewaterhouseCoopers/Ernst & Young) Report has gone to Minister

R-2-006

Dsitribution of imputation credits where losses/expenses - (PricewaterhouseCoopers) Report has gone to Minister

R-2-007

Distribution of FDR FIF income - (PricewaterhouseCoopers) Report has gone to Minister

R-2-008

Payment of supplementary dividends - (PricewaterhouseCoopers) Report has gone to Minister

R-2-009

Gross versus net income issues - (Ernst & Young) Report has gone to Minister

R-2-010

Time of derivation of beneficiary income - (Ernst & Young) Report has gone to Minister

R-2-011

Allocation of PIE income to beneficiaries of trusts - (Ernst & Young) Report has gone to Minister

R-3

 

Whether the determination of the value of a "benefit" in the Income Tax Act 2007 is a gross concept and whether the Act is consistent in its approach to the issue

(announced 3 October  2011)

 

28th Oct 2011

R-3-001 Determining the value of a "benefit" in the Income Tax Act 2007, whether or not a gross concept applies and whether  or not the Act is consistent in its approach to the issue - (Ernst & Young) 
     
 

R-4

 

Whether the Tax Administration Act 1994 should allow the Commissioner of Inland Revenue to make a binding ruling in relation to a taxpayer's circumstances for an income year or period of time, despite the taxpayer having already made a self-assessment of a taxation obligation for that year or period.

 

(announced 3 October  2011)

 

28th Oct 2011

   
     
 

R-5

 

If the Commissioner writes off uncollectible amounts of tax and makes consequential adjustments to a loss balance from a prior year or years under provisions of the Tax Administration Act 1994, whether the Commissioner should take into account provisions of sub-part CG of the Income Tax Act 2007 in determining the amount of adjustment to the loss balance.

 

(announced 3 October  2011)

 

28th Oct 2011

   
     
 
 
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