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This site contains the Commissioner’s interpretation of tax law, our Work Programme for the year, and where you can provide feedback on any new work underway or apply for a binding tax interpretation. Publications on this Tax Technical website are correct at the date of issue. Read more
This site contains the Commissioner’s interpretation of tax law. Read more

Volume 37 No 5 TIB - June 2025

03 Jun 2025 TIB / Volume 37 - 2025

New legislation

  • Public Act 2025 No 09: Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Act 2025
  • SL 2025/64: Income Tax (Fringe Benefit Tax, Interest on Loans) Amendment Regulations 2025
  • SL 2025/65: Taxation (Use of Money Interest Rates) Amendment Regulations 2025

Operational statements

  • OS 25/03: Authority to Act for Tax Agents, Representatives and Nominated Persons: Access to a Client’s Inland Revenue Information 

Interpretation statements

  • IS 25/14: Income tax – arrangements involving tax losses carried forward under the business continuity rules
  • IS 25/15: Look-through companies and disposal of residential land under the bright-line test

Questions we’ve been asked

  • QB 25/07: What is the income tax treatment of gift cards and products provided as trade rebates or promotions?
  • QB 25/08: When is land acquired for a purpose or with an intention of disposal so that the amount derived from the sale is income?
  • QB 25/09: When do I have a “regular pattern” of transactions that prevents me from using exclusions from the land sale rules for my residence or for my main home?
  • QB 25/10: On what date is a person treated as acquiring land for the purposes of the land sale rules?
  • QB 25/11: When is the bright-line start date for the 2-year bright-line test?
  • QB 25/12: How does the bright-line test apply to the sale of a subdivided section?
  • QB 25/13: When is the sale of a lifestyle block excluded from the bright-line test?
  • QB 25/14: When does the business premises exclusion to the bright-line test apply?
  • QB 25/15: How do the bright-line rollover relief provisions apply to transfers of residential land between associated persons?

Case summaries

  • CSUM 25/05: NZTCRA rejects argument that an interest amount paid under a relationship property agreement was deductible as an expense under the Income Tax Act 2007
  • CSUM 25/06: NZTCRA finds work to convert retail space to office space in commercial building was capital in nature
  • CSUM 25/07: NZTCRA finds remediation work on unit was capital in nature

Technical decision summary

  • TDS 25/08: Disposal of shares following amalgamation
  • TDS 25/09: Distribution and resettlement of trusts
  • TDS 25/10: Source of income and foreign tax credits
  • TDS 25/11: Deductions, zero-rating and shortfall penalties
  • TDS 25/12: Deductions and shortfall penalties

NAMV 2025 National Average Market Values of Specified Livestock Determination 2025

26 May 2025 Determinations / Livestock / Average market value
This determination establishes the national average market value (NAMV) of specified livestock for 2025.

QB 25/16 Income tax – How do the income tax rules apply when a close company provides short-stay accommodation?

23 May 2025 Questions we've been asked / 2025
This question we’ve been asked (QWBA) explains how the income tax rules apply when a close company provides short-stay accommodation (eg, through Airbnb, Bookabach, Booking.com or Holiday Houses). It explains when and how the mixed-use asset rules and the standard tax rules apply, and when shareholders or employees will receive income from their use of the property.

TDS 25/13 Income tax - land transferred within a consolidated tax group

19 May 2025 Technical decision summary / 2025
Intragroup land transactions, consolidation rules, distribution in kind

IS 25/16 Tax residence

16 May 2025 Interpretation statements / 2025
This interpretation statement explains the tax residence rules in the Income Tax Act 2007. It covers the tax residence of natural persons (individuals) and companies, and the residence implications in relation to trusts.

IS 25/17 Tax residence – government service rule

16 May 2025 Interpretation statements / 2025
This interpretation statement explains the government service rule in the Income Tax Act 2007 and discusses the articles of double tax agreements that may need to be considered if the government service rule applies.

IS 25/16 FS 3 Tax residence and trusts fact sheet

16 May 2025 Fact sheets / 2025
This fact sheet accompanies IS 25/16: Tax residence and summarises the tax residence rules in the Income Tax Act 2007 relating to trusts. The interpretation statement explains the rules for individuals, companies and trusts in more detail. There are also fact sheets covering tax residence of individuals and companies.

IS 25/16 FS 2 Tax residence – companies fact sheet

16 May 2025 Fact sheets / 2025
This fact sheet accompanies IS 25/16: Tax residence and summarises the tax residence rules in the Income Tax Act 2007 relating to companies. The interpretation statement explains the rules for companies, individuals and trusts in more detail. There are also fact sheets covering tax residence of individuals and trusts.

IS 25/16 FS 1 Tax residence – individuals fact sheet

16 May 2025 Fact sheets / 2025
This fact sheet accompanies IS 25/16: Tax residence and summarises the tax residence rules in the Income Tax Act 2007 relating to individuals. The interpretation statement explains the rules for individuals, companies and trusts in more detail. There are also fact sheets covering the tax residence of companies and trusts.

BR Prd 25/03 Extraordinary Pay Limited

16 May 2025 Rulings / Product / 2025
The Arrangement is the provision of services by Extraordinary Pay Limited to its customers (employers) to help those customers subsidise public transport fares which are payable through four specific public transport cards for their employees.  A participating employee will either agree to a temporary reduction in salary in return for subsidised public transport fares or have their public transport fares subsidised as part of their employment compensation package.

Consultations closing soon 

PUB00469: Income Tax - Whether an off-market share cancellation is made in lieu of the payment and dividend

Closes on 3 June 2025

Public advice and guidance work programme 2025-26 

Each year the Tax Counsel Office prepares a programme of public guidance work for the following year.

If you are aware of any tax technical or interpretative issues you think we should publish guidance on, please let us know by 6 June 2025.

Before adding a suggestion to the work programme, we consider the importance of the issues involved, the level of uncertainty/ambiguity, the number of customers potentially affected, and the potential revenue implications.  Any relevant information you can provide about these factors is appreciated.
 
Find out more about how to make a suggestion.

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