Vol 4 No 11
Issued
01 Jun 1993

TIB - June 1993

Legislative Changes

  • Depreciation amendments
  • Interest calculation method for FBT determined

Policy Statements

  • Exemption D4: Exemption from the requirements of section 64H(1)
  • 1993 Disclosure exemption - International Tax Regime

Questions we've been asked

  • Income Tax Act 1976 
  • Goods and Services Tax Act 1985 
  • Accident Rehabilitation and Compensation Insurance Act 1992 
  • Child Support Act 1991 
  • Miscellaneous

Legal Decisions - Case Notes

  • Alcan NZ Ltd v CIR: Overseas company included in group of companies
  • TRA 92/180: FBT and use of work-related vehicle
  • TRA 91/161: Interest deductibility - loan from shareholder to company 
  • TRA 92/114: Tax treatment of redundancy payment from third party
  • TRA 91/175: Penal Tax - proof of intent to evade
  • TRA 92/161:  Taxpayer's onus of proof - asset accretion test
  • TRA Case Q26 (1993) 15 NZTC 5,127: Liability to be registered for GST
  • TRA 92/178: Grounds for re-opening GST assessment

See also Appendix 11ABC.

Corrections

On page 1 of TIB Volume Four, No.11 (June 1993), there was an article dealing with releasing Official Information about taxpayers.

In this article we said that "We have consulted with the Ombudsman, and between us we've agreed that it is vital that Inland Revenue does not release information we receive in confidence,..."

The Chief Ombudsman has pointed out that this statement reflects the general approach to release of informants' identities, but the rationale is not because the information is received in confidence. The reason is that releasing such information could well prejudice Inland Revenue's ability to detect revenue offences.

Where such factors are not involved in a particular case, the Ombudsman might form the opinion that the information ought not to be withheld and might recommend that it be released.

However, the sections in the previous article about confidentiality, defamation, illegal activities and safety still stand. Inland Revenue will not release any information if doing so would contravene any of these factors.