Sublime anz

T he ring-fencing of residential property deductions was introduced through the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019. This legislation established a framework for limiting how residential property deductions can be applied, with key provisions outlined under Subpart EL of the Income Tax Act 2007. Introduction of Subpart EL The new Subpart EL, titled Allocation of deductions for excess residential land expenditure , outlines the mechanism for allocating residential property losses. It emphasizes a more restrictive approach to deductions, ensuring residential losses cannot offset income from unrelated sources. Limited Allocation – Section EL 4(2) Section EL 4(2) specifies: "The amount of the deduction that may be allocated to the income year must be no more than the amount of the person’s residential income for the income year. An amount identified as a person’s residential income may be counted only once in making an...

When finalising individual accounts, Section 22H of the Tax Administration Act outlines key distinctions between "qualifying individuals" and other individuals. This process ensures accurate reporting of income, leveraging prepopulated accounts for simplicity and efficiency. Section 22D(1) and (2) defines these terms : An individual is simply a natural person. A qualifying individual is an individual whose income consists only of "reportable income," such as PAYE income and passive income. This information is pre-submitted to the commissioner and available in a prepopulated account. Prepopulated Account defined under Section 22D(5), a prepopulated account includes income details already provided to the commissioner, serving as the basis for finalisation. Process for Finalizing Accounts Qualifying Individuals For qualifying individuals, the commissioner has the authority to finalise income details using the prepopulated account, as stated in Section 22H(1). This elim...

Under Section 22F of the Tax Administration Act 1994, individuals are obligated to provide income information for certain types of income.  Income Types Requiring Reporting Individuals must report two categories of income: Other Income This includes income listed under Schedule 8, Part A, Table 1 of the Act, which encompasses various income streams. There is a de minimis provision under Section 22K for "other income" of $200 or less. In such cases, the obligation to report may not apply. Reportable Income Not Included in Prepopulated Accounts If an individual knows—or might reasonably be expected to know—that certain reportable income has been excluded from their prepopulated account, they are obligated to disclose it. The legislation's wording emphasizes a negative framing. By understanding and adhering to the reporting obligations under Section 22F, individuals can ensure compliance with the Tax Administration Act. Links Tax Administration Act 1994 – Section 22F: Report...

Under TAA 1994, Part 3, which covers information, record-keeping, and returns, Subpart 3B  is reporting of income information by individuals. Specifically, Section 22C(2) defines income an individual derives for a tax year as either reportable income or other income. This section also includes a helpful flowchart scheme for better understanding. Reportable Income The term "reportable income" is explained in Section 22D(3) under key terms. This includes: PAYE income, Passive income, and PIE income, for which the relevant information has been provided to the Commissioner. Other Income Income categorized as "other income" is outlined in Schedule 8, Part A, Table 1. This includes: Income from a trust, Self-employment income, Partnership income, Look-through company (LTC) income, and Other types of income, such as income from the disposal of property not classified as reportable income. Links TAA 1994, Section 22C(2) TAA 1994, Section 22D - Key Terms TAA 1994, Schedule 8...

Tax Assessment and Tax Return Under the Tax Administration Act 1994 (TAA 1994), Part 3, which covers information, record-keeping, and returns, Subpart G - Returns establishes the general principle in Section 33 that every person must file an income return for a tax year. Taxpayer Responsibilities To file this return, a taxpayer must complete an assessment, which includes: Determining taxable income, Calculating income tax liability, Reporting any net loss, Identifying the terminal tax or refund due, in accordance with TAA 1994, Part 2 - Assessment, Section 92. The deadlines for submitting the annual return after completing the assessment are outlined in Section 37. Links TAA 1994,Information, record-keeping, and returns (Section 33) TAA 1994,Assessment (Section 92) TAA 1994,Subpart 3G - Returns (Section 33) TAA 1994,Return dates (Section 37)

Standard Practice Statement (SPS) 20/03 outlines the practice of amending assessments. Under New Zealand's self-assessment regime, taxpayers sometimes adopt incorrect tax positions. Correcting these is a vital aspect of tax administration, as recognized by the Commissioner of Inland Revenue. Key Legislative Provisions TAA 1994, Section 22G This section allows taxpayers to amend accounts for incorrect or missing information before the account is finalized. TAA 1994, Section 113 After the terminal tax date, individuals can request the Commissioner to amend their final tax account for the year. The following are some of the key terms  when interpreting these provisions, as defined in Section 22D of the Act: Individual Qualifying Individual Reportable Income Other Income Pre-populated Account Final Account Links SPS 20/03 – Amending Assessments TAA 1994, Section 22G TAA 1994, Section 113 TAA 1994, Section 22D

Guide IR264 (Rental Income – Tax rules for those who rent out residential property and holiday homes) explains that any rent paid in advance is taxable in the year it is received. Key Principles from Legislation and Interpretations Interpretation Statement: IS 16/06 The general rule, as stated in ITA Section BD 3(2), is that income is allocated to the year in which it is derived. Income Credited to an Account According to ITA Section BD 3(4), if income is credited to an account and has not been accounted for earlier, it is considered "derived" when credited. This means: Income credited to a bank account that hasn’t been recognized in earlier years must be allocated to the year it was credited. Subpart BD of the ITA 2007 This section deals with Income, Deductions, and Timing, providing a framework for determining when income is derived and how it should be accounted for. Links Guide IR264 – Rental Income Tax Rules Interpretation Statement IS 16/06 ITA 2007, Section BD 3 Subpar...

ITA 2007 has schedules like Schedule 1 - Basic Tax rates(personal, company, trustees, RWT etc) 1 Schedule 2 - Basic tax rates for PAYE income payment( tax codes ) 2 Schedule 3 - Provisional tax and terminal tax 3 Schedule 4 - Standard rates of tax for schedular payments 4 Schedule 13 is Depreciable land improvements 5 The list of depreciable land improvements contains Chimneys, Fences, Hardstandiung (  ground surfaced with a hard material for parking vehicles on ) , retaining walls, and roads(driveways)  67 1. https://www.legislation.govt.nz/act/public/2007/0097/latest/DLM1523192.html 2. https://www.legislation.govt.nz/act/public/2007/0097/latest/DLM1523232.html 3. https://www.legislation.govt.nz/act/public/2007/0097/latest/DLM1523249.html 4. https://www.legislation.govt.nz/act/public/2007/0097/latest/DLM1523257.html 5. https://www.legislation.govt.nz/act/public/2007/0097/latest/DLM1523346.html 6. https://www.nzta.govt.nz/resources/what-is-a-road/what-is-a-road.html 7. https:/...

Section DA1 General Permission of Part D Deductions allows an amount of expenditure or loss, including an amount of depreciation loss for deriving an income 1 . Part E is Timing and Quantifying Rules. Subpart EA 2 has the rules for trading stock, livestock, excepted financial arrangements (EA1),  revenue account property(EA2), and prepayments(EA3). Subpart EE - Depreciation quantifies amounts for depreciation loss and depreciation recovery income 3 . Subsections when a person has an amount of depreciation loss for an item - ss EE1(2) 4 when a person has an amount of depreciation recovery income for an item - ss EE1(3) 4 what is depreciable property - ss EE6 - property in normal circunstances. might reasonably to expected to decline in value while it is used or available for use in deriving an income 5 . ss EE7 states what is specifically excluded as depreciable property. eg. land, trading stock 6 1. https://www.legislation.govt.nz/act/public/2007/0097/latest/DLM1513555.html 2. http...