Reprint as at 6 October 2009
| Public Act | 2004 No 35 |
| Date of assent | 7 May 2004 |
Income Tax Act 2004: repealed, on 1 April 2008, by section ZA 1(1) of the Income Tax Act 2007 (2007 No 97).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
BD 1 Income, exempt income, excluded income, non-residents' foreign-sourced income, and assessable income
CB 4B Disposal of certain shares by portfolio investment entity or New Zealand Superannuation Fund after declaration of dividend
Exclusions for residential land
Exclusions for business premises
CD 24 Payments corresponding to notional distributions of producer boards and co-operative companies
CFC attributed repatriation calculation rules
Restrictive covenants and exit inducement payments
Matching rules: revenue account property, prepayments, and deferred payments
Attributed controlled foreign company income
Foreign investment fund income
Transfers to or from superannuation funds and superannuation schemes
Treatment of amounts when superannuation fund becomes superannuation scheme or vice versa
Treatment of distributions when superannuation fund wound up
Income from business or trade-like activities
CW 1 Forestry companies established by Crown, Maori owners, and holding companies buying land with standing timber from founders
Income from holding property (excluding equity)
Certain income of transitional resident
Income from living allowances, compensation, and government grants
Income from certain activities
Income of, and distributions by, certain international funds
Income exempt under other Acts
Income exempt under Parts F to I
KiwiSaver and complying superannuation fund tax credits
Contributions to superannuation scheme or retirement savings scheme
CX 44C Proceeds from disposal of certain shares by portfolio investment entities or New Zealand Superannuation Fund
CX 44D Portfolio investor allocated income and distributions of income by portfolio investment entities
Income excluded under Parts F to I
CZ 5 Exempt interest: overseas money lent to government or local or public authority before 29 July 1983
CZ 13 Treatment of units and interests in unit trusts and group investment funds on issue as at 1 April 1996
Financial arrangements adjustments
Matching rules: revenue account property, prepayments, and deferred payments
DB 40 Adjustment for opening values of trading stock, livestock, and excepted financial arrangements
Use of motor vehicle under certain arrangements
DB 45 Expenditure incurred in operating motor vehicle under agreement or arrangement affected by section CX 6B
Attributed controlled foreign company loss
DP 8 Cost of acquiring timber: forestry business on land bought from Crown, Maori owners, or holding company
Petroleum exploration expenditure
Petroleum development expenditure
DV 13 Amalgamated company: expenditure on improvements for farming, horticultural, aquacultural, and forestry businesses
EC 4 Value of livestock on death of person [Repealed]
Valuation of specified livestock
Valuation of non-specified livestock
Valuation of high-priced livestock
EC 41 Reduction: bloodstock not previously used for breeding in New Zealand other than as shuttle stallions
Meaning of depreciable property
How amounts of depreciation loss and depreciation recovery income are calculated
Amount of depreciation loss under diminishing value method or straight-line method
Amount of depreciation loss under pool method
EE 24B Depreciation loss for plant variety rights application upon grant of rights in 2005–06 or later income year
EE 27C Annual rate for patent applications lodged with complete specifications on or after 1 April 2005 [Repealed]
EE 27D Annual rate for patents: applications lodged with complete specifications on or after 1 April 2005 [Repealed]
EE 27E Annual rate for plant variety rights [Repealed]
Improvements, items of low value, or items no longer used
Transfers of depreciable property: associated persons and non-qualifying amalgamations
Main income equalisation scheme
EH 36 Meaning of self-assessed adverse event [Repealed]
Adverse event income equalisation scheme
EH 63 Meaning of self-assessed adverse event [Repealed]
Thinning operations income equalisation scheme
Refunds: general provisions, and rebate of income tax
EH 79 Sections of main income equalisation scheme that apply to thinning operations income equalisation scheme
EJ 7 Film production expenditure for New Zealand films having no large budget screen production grant
EJ 17 Meaning of offshore development [Repealed]
Research, development, and resulting market development
Meaning of financial arrangement and excepted financial arrangement
Application of financial arrangements rules
Calculation and allocation of income and expenditure over financial arrangement's term
Consideration when financial arrangement involves property or services
EW 32 Consideration for agreement for sale and purchase of property or services, hire purchase agreement, specified lease, or finance lease
Consideration treated as paid to person
Consideration treated as paid by person
Consideration when legal defeasance has occurred
Consideration when change from fair value method under IFRS method
Consideration when anti-avoidance provision applies
Income and deduction provisions specifically related to financial arrangements
Treatment of original share acquired under financial arrangement
Application of financial arrangements rules to cash basis persons
Controlled foreign company rules
When is a company a controlled foreign company?
Calculation of person's control interest
Calculation of person's income interest
Ten percent threshold and variations in income interest level
Calculation of attributed CFC income or loss
Calculation of branch equivalent income or loss
Ownership measurement concession
Anti-avoidance rule: stapled stock
What is a foreign investment fund?
Calculation of FIF income or loss
EX 44E Fair dividend rate method and cost method: calculating items in formulas for periods affected by share reorganisations
Additional FIF income or loss if CFC owns FIF
Relationship with other provisions in Act
EX 47 Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method
Cases of entry into and exit from FIF rules
EX 55 Death of persons holding FIF interests [Repealed]
Commissioner's default assessment power
EY 18 Premium loading formulas: when life insurers not providing life insurance at start of income year
EY 28 Mortality profit formula: when life insurers not providing life insurance at start of income year
EZ 7 FIF interests held on 1 April 1993 [Repealed]
EZ 10 Amounts of depreciation recovery income and depreciation loss for part business use in or before 1992-93 income year
EZ 11 Amount of depreciation loss for item acquired from associated person on or before 23 September 1997
EZ 12 Annual rate for item acquired on or after 1 April 1993 and before end of person's 1994-95 income year
EZ 17 Section EZ 16 amount of depreciation loss when items transferred between companies in wholly-owned group before 1 April 1993
EZ 18 Section EZ 16 amount of depreciation loss when person previously exempt from tax acquires item
EZ 21B Economic rate for plant or equipment acquired before 1 April 2005 and buildings acquired before 19 May 2005
Old financial arrangements rules
EZ 44 Election to continue to treat certain excepted financial arrangements as financial arrangements
EZ 46 Determination of core acquisition price where consideration for property denominated in foreign currency
FE 4 Amalgamated company to assume unexpired accrual expenditure and profits or gains of amalgamating company
FG 3 When interest apportioned under section FG 8 or annual total deduction adjusted under section FG 8B
FH 8 Rules for applying surplus group excess interest allocation amount to increase income tax and dividend withholding payment
FI 4 Disposal and resulting acquisition of property by spouse, civil union partner, or de facto partner on death of person
FZ 2 Amounts owing under convertible notes deemed to be share capital and holders deemed to be shareholders
GC 27A Arrangement to obtain tax advantage with respect to Maori authority credit account provisions (subpart MK)
Arrangements involving money not at risk
GD 3 Payment of excessive salary or wages, or allocation of excessive share of profits or losses, to relative employed by or in partnership with taxpayer
Superannuation and life insurance
HC 1 Special partnerships [Repealed]
HG 6 Period of grace for new elections following death, revocation of shareholder election, or issue of new shares
HG 7 Date on which non-complying company ceases to be qualifying company, and Commissioner's power to defer
HG 18 Company that ceases to be loss attributing qualifying company also ceases to be qualifying company