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Vol 35 No 1
Issued
01 Feb 2023

TIB - February 2023

New legislation

  • SL2022/295 - Order in Council – Tax Administration (Regular Collection of Bulk Data) Regulations 2022
  • SL2022/306 - Order in Council – Income Tax (Fringe Benefit Tax, Interest on Loans) Amendment Regulations (No 2) 2022
  • SL2022/315 - Order in Council – Taxation (Use of Money Interest Rate) Amendment Regulations (No 3) 2022
  • SL2022/316 - Order in Council – Student Loan Scheme (Repayment Threshold for 2023–24 Tax Year and Subsequent Tax Years) Regulations 2022
  • SL2022/342 - Order in Council – Tax Administration (Extension of Deadline for Research and Development Loss Tax Credit Statements) Order 2022

Ruling

  • BR Prd 22/14: Bank of New Zealand

Determination

  • TRU 22/01: Variation to s 59BA(2) of the Tax Administration Act 1994 for trustees of certain trusts that derive a small amount of income

Revenue alert

  • RA 22/01: Consequences of acquiring, possessing or using electronic sales suppression tools

Questions we've been asked

  • QB 22/10: Can a close company deduct interest on a shareholder loan account where the amount is not known until after balance date?

Technical decision summaries

  • TDS 22/20: GST – taxable activity
  • TDS 22/21: Whether subdivision was a profit-making undertaking or scheme and a taxable activity

Legal Decisions - case summaries

  • CSUM 22/05: Supreme Court confirms Frucor’s tax avoidance and finds shortfall penalties apply
  • CSUM 22/06: Court of Appeal confirms High Court order that backdating of child support liability was invalid

Corrections

There is a typo on page 7 under the heading ‘Extension of deadline for R&D loss tax credit statements’. On the second line it states: ‘ …, by allowing the statement to be filed as late as 30 April 2022, regardless ….’  It should read 30 April 2023.