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Vol 12 No 10
01 Oct 2000

TIB - October 2000

Binding rulings

  • “Cost price of the motor vehicle” – meaning of the term for fringe benefit tax (FBT) purposes: Public Ruling – BR Pub 00/10
  • Product Ruling – BR Prd 00/08

New legislation

  • Student Loan Scheme Amendment Act 2000
  • Industry New Zealand Act 2000
  • Use-of-Money interest rates

General interest items

  • Transfer pricing guidelines (see Appendix for actual guidelines)

Legislation and determinations

  • Foreign currency amounts – conversion to New Zealand currency

Legal decisions – case notes

  • Commissioner’s application to strike out judicial review proceedings successful: CIR v Ti Toki Cabarets (1989) Ltd and Others
  • Unsuccessful interlocutory application by Commissioner to provide documents to Plaintiff or determine separate question before trial: Tagasoft v CIR
  • Application for judicial review – assessments of income tax by Commissioner barred by section 25 of the Income Tax Act 1976: Vela Fishing Limited v Commissioner of Inland Revenue
  • “Fees” paid by taxpayer to subsidiary were capital in nature and non-deductible: Mainzeal Holdings Limited v Commissioner of Inland Revenue
  • Shortfall penalty successfully imposed for unacceptable interpretation pursuant to section 141B of the Tax Administration Act 1994: TRA Number 046/99. Decision Number 19/200
  • Application for judicial review seeking to strike out TRA decisions and seeking discovery orders against Commissioner: J G Russell & Ors v Taxation Review Authority and Commissioner of Inland Revenue

Appendix: TIB Vol 12 No 10A