This interpretation statement sets out the Commissioner’s view on the potential application of the specific anti-avoidance rules in ss GB 3BA, GB 3BAB and GB 3BAC when a company carries a tax loss forward under the business continuity rules.

New legislation

• GST on accommodation and transportation services supplied through online marketplaces
• SL 2024/240: Tax Administration (FamilyBoost Tax Credit—Extension of Dates to File Return of Income) Order 2024; SL 2025/8: Tax Administration (FamilyBoost Tax Credit—Extension of Dates to File Return of Income) Order 2025
• SL 2025/15: Tax Administration (Reportable Jurisdictions for Application of CRS Standard) Amendment Regulations 2025

Determinations

• AE 25/01: Participating jurisdictions for the CRS applied standard
• DET 25/01: GST on supplies through electronic marketplaces – hostel and motel opt-out agreement criteria
• FDR 2025/03: Determination the fair dividend rate may not be used to calculate FIF income by investors in Institutional Cash Series plc: BlackRock ICS US Dollar Liquidity Fund – Premier (Dis) Shares
• FDR 2025/04: Determination the fair dividend rate method may not be used to calculate FIF income by investors in Institutional Cash Series plc: BlackRock ICS US Treasury Fund – Premier (Dis) Shares

Rulings

• BR Prd 25/01: Taxi Limited
• BR Prd 25/02: Electric Bikes NZ Limited

Operational statements

• OS 25/01: Cash collateral is “money lent”
• OS 25/02: Valuation of livestock

Operational position

• OP 25/01: Commissioner’s operational position on the GST treatment of fees paid in relation to managed funds

Interpretation statements

• IS 25/05: GST treatment of fees paid in relation to managed funds
• IS 25/06: Employer obligations for employee share scheme benefits paid in cash
• IS 25/07: PAYE – How an employer funds the tax cost on an employee share scheme benefit
• IS 25/08: Income tax – implications of residential property moving between the standard tax rules and the mixed-use asset rules
• IS 25/09: Tax treatment of losses on amalgamation
• IS 25/10: Income tax and GST Amalgamations
• IS 25/11: Income tax – Partnerships (including limited partnerships) – general guidance
• IS 25/12: Income tax – Using the cost method to determine foreign investment fund (FIF) income
• IS 25/13: Income Tax and GST – forestry activities registered in the Emissions Trading Scheme

Questions we’ve been asked

• QB 25/01: Income tax – Which rules apply if I rent out my home, part of my home, or a separate dwelling on my property as short-stay accommodation?
• QB 25/02: Income tax – Which rules apply if I have a dwelling I sometimes rent out as short-stay accommodation and also sometimes use privately?
• QB 25/03: Income tax – How do the mixed-use asset rules apply if I provide short-stay accommodation?
• QB 25/04: Income tax – How do the standard tax rules apply if I provide short-stay accommodation?
• QB 25/05: Income tax – If property held in a trust is rented out for short-stay accommodation, who declares the income and what deductions can be claimed?
• QB 25/06: How does an amalgamated company calculate its available subscribed capital following an amalgamation?

Technical decision summary

• TDS 25/07: GST – Zero-rating, input tax deductions, shortfall penalties

Source of income; entitlement to foreign tax credits

Income tax: disposal of trust assets; capital receipts; distribution of trust assets; settlement of trust assets; FIF income; FIF income calculation method

This statement prescribes how a tax agent, or a representative can obtain the authority to act from their clients and the process for a person to get another person to act for them in relation to their tax affairs and/or their social policy entitlements and obligations. In these guidelines these people will collectively be referred to as “tax agents”, “representatives”, “nominated persons” or “agents” as the context may require.

This question we have been asked explains the income tax treatment of gift cards and products provided by trade suppliers to trade customers (business to business) as trade rebates, promotions, or rewards for trade customers buying goods or services from trade suppliers.

Amalgamation of companies; disposal of shares held on capital account; whether taxable

This interpretation statement considers the tax consequences for forestry activities registered in the Emissions Trading Scheme (ETS). The statement considers the tax consequences of receiving, selling and surrendering emissions units (NZUs), as well as the tax treatment of specific transactions involving NZUs. For general information on the ETS, see Ministry for Primary Industries Forestry in the Emissions Trading Scheme.

Tax Information Bulletin - Vol 37 No 4, May 2025

This interpretation statement considers the tax consequences for forestry activities registered in the Emissions Trading Scheme (ETS). The statement considers the tax consequences of receiving, selling and surrendering emissions units (NZUs), as well as the tax treatment of specific transactions involving NZUs. For general information on the ETS, see Ministry for Primary Industries Forestry in the Emissions Trading Scheme.

This fact sheet accompanies IS 25/13 which considers the tax consequences for foresters who are registered in the Emissions Trading Scheme (ETS) and who receive, sell and surrender emissions units (NZUs). This fact sheet summarises the tax treatment of acquiring, selling and surrendering NZUs in a forestry context.