The Commissioner may determine certain matters relating to financial arrangements. A taxpayer may wish to apply for a determination to ascertain the tax treatment of a particular financial arrangement.
This Determination relates to an arrangement involving an encumbrance under which a landowner is required to make payments to Milldale Infrastructure LP over a fixed period. This determination prescribes the method for determining the amount of expenditure a landowner has under the financial arrangement in each income year.
This determination relates to the issue of optional convertible notes issued by the Issuer to Holders who are owned and controlled by the same persons as the Issuer’s shareholders. The Issuer (at their sole discretion) can elect to pay interest quarterly (and if no interest is paid it does not accumulate). The exercise of the option to convert into shares is held by the Holders, and if exercised would result in no change in the ownership/voting interests in the Issuer. The determination specifies whether any amount is solely attributable to an excepted financial arrangement.
This determination applies to the applicants in relation to a deferred payment arrangement. Under the arrangement, a company assigned its rights to future cashflows to the applicants, in partial satisfaction of existing debts owed by the company to the applicants.
This determination relates to the issue of equity subordinated notes (ESNs) by a limited partnership to two of its limited partners (the Subscribers). The ESNs will be deemed to be repaid at a single, or several, nominated date(s) in the future, with the proceeds used to satisfy the Subscribers’ obligation to contribute a total of 60% of the required capital of Holdings LP.
This determination relates to an arrangement involving the finance, design, construction and on-going provision of asset management and facilities maintenance services in respect of a Facility by a limited partnership under a public-private partnership agreement with the Crown.
This determination relates to a funding transaction involving the issue of Notes by Bank to Group Member pursuant to a Deed Poll. The Notes will contain a conversion mechanism to allow them to be recognised as Tier 2 capital for the purposes of the Reserve Bank of New Zealand framework relating to the capital adequacy of banks.
This determination varies and replaces Special Determination S37: Application of the financial arrangements rules to the D&C Phase of a public-private partnership agreement following a change of partners in the limited partnership.
Determination S36A (26 Jan 2018) varies and replaces S36: Application of the financial arrangements rules to a PPP agreement following a change of partners.
Determination S56 (9 Oct 2017) considers the treatment of prepayments for services received and made by a limited partnership under the financial arrangements rules.
Determination S55 (8 Sep 2017) relates to a funding transaction involving the issue of notes by a bank to a parent company, and their valuation on conversion.
Determination S54 (18 Aug 2017) considers the application of financial arrangements rules to investors in the Lifetime Income Fund.
Determination S53 (Apr 2017) relates to an arrangement involving the finance, design, construction and on-going provision of operational services under a PPP.
Determination S52 (20 Mar 2017) relates to the valuation of shares issued by a bank following a non-viability trigger event.
Determination S51 (31 Oct 2016) relates to the issue of subordinated convertible notes by a limited partnership to two of its limited partners.
Determination S50 (31 Oct 2016) relates to the application of the financial arrangement rules to the design and construction phase of a PPP.
Determination S49 (Oct 2016) relates to an arrangement involving the construction and provision of services for a facility by a limited partnership under a PPP.
Determination S48 (18 Oct 2016) relates to a funding transaction covering the issue of notes by a bank to its parent company pursuant to a deed poll.
Determination S47 (Oct 2016) relates to a funding transaction involving the issue of notes by a bank to the public pursuant to a deed poll.
Determination S46 (30 May 2016) relates to a funding transaction and value of shares when notes issued by a Bank to the NZ branch of its Australian parent company.
Determination S45 (21 Dec 2015) relates to spreading of income and expenditure under varied intra-group debt arrangements.
Determination S44 (21 Dec 2015) relates to the spreading of income and expenditure under varied participants' debt arrangements.
Determination S43 (5 Nov 2015) relates to the valuation of shares issued by a bank and its NZ holding company following a non-viability trigger event.
Determination S29A (8 Sep 2015) replaces S29: Application of the financial arrangements rules to a PPP following a change of partners in the limited partnership.
Determination S28A (8 Sep 2015) replaces S28: Application of the financial arrangements rules to the D&C Phase in a PPP following a change of partners.
Determination S27A (8 Sep 2015) relates to convertible notes in respect of a limited partnership interest.
Determination S42 (4 Sep 2015) relates to payments received by a limited partnership for the design and construction of a prison under a PPP.
Determination S41 (4 Sep 2015) relates to the finance, design, build and ongoing services to a prison by a limited partnership under a PPP.
Determination S40 (10 Aug 2015) relates to a company share incentive scheme where a customer commits to increase the volume of throughput processed by the company.
Determination S39 (2015) relates to the valuation of shares issued by a bank following a non-viability trigger event.
Determination S38 (15 May 2015) relates to the financial arrangements rules as applied to loans from NZ dairy farming trusts to NZ resident famers.
Determination S37 (28 Apr 2015) relates to payments received by a limited partnership for the design and construction of facilities under a PPP agreement.
Determination S36 (28 Apr 2015) relates to operation and maintenance services of a facility by a limited partnership under a PPP. Replaced by S36A (26 Jan 2018).
Determination S35 (9 Apr 2015) relates to the valuation of shares issued by a bank, where the Notes issued contain a conversion mechanism.
Determination S34 (19 Feb 2015) relates to a funding transaction involving the issue of notes by a bank to the public under a notes deed poll.
Determination S33 (Feb 2015) prescribes amounts under a company incentive plan that are solely attributable to excepted financial arrangements.
Determination S32 (22 Jan 2015) relates to a funding transaction involving the issue of notes by a bank to the NZ branch of its Australian parent company.
Determination S31 (24 Dec 2014) considers application of the financial arrangements rules to investors in the Lifetime Income fund.
Determination S30 (Nov 2014) relates to a share scheme in which produce growers supply produce in return for an entitlement to receive shares in the company.
Determination S29 (25 Jul 2014) relates to finance, build and ongoing services of a facility by a limited partnership under a PPP. Replaced by s29A on 8 Sep 2015.
Determination S28 (25 July 2014) relates to application of the FA rules to the design and construction phase of a PPP. Replaced by Determination S28A on 8 Sep 2015.
Determination S27 covers convertible notes in a limited partnership interest – replaced by s27A on 8 Sep 2015.
Determination S26 (15 Apr 2014) relates to the valuation of shares issued by a bank following a non-viability trigger event.
Determination S25 (10 Mar 2014) relates to a funding transaction involving the issue of notes by a bank to the public pursuant to a deed poll.
Determination S24 (19 Sep 2013) relates to the application of the financial arrangements rules to the sale of shares in Meridian by the Crown.
Determination S23 (Nov 2012) relates to the transfer of acquired bad debts from New Zealand Company Limited to a newly incorporated company.
Determination S22 (27 Aug 2012) relates to the design, construction and provision of services to a prison by a certain company under a PPP agreement.
Determination S21 (3 May 2012) relates to the spreading of expenditure arising on the acquisition of agreements for the provision of property maintenance services.
Determination S20 (12 Dec 2011) relates to convertible redeemable notes issued by one company to another and preference shares issued by a third company.
Determination S19 (10 Oct 2011) relates to mandatory conversion convertible issued by a wholly owned special purpose subsidiary of a company, to a third company.
Determination S18 (17 Mar 2011) relates to an arrangement involving the issue of perpetual non-cumulative shares by a NZ company to its parent company.
Determination S17 (17 Dec 2010) considers the utilisation of a profit emerging basis for purchased debt ledgers by a NZ company.
Determination S16 relates to an Occupation Right Agreement or financial arrangement between the operator and a resident of a retirement village.
Determination S15 relates to the issue of perpetual non-cumulative shares to the public and to National Equities Limited, and is fully described in BR Prd 09/12.
Determination G30 withdrawn 1 Oct 2009 – G30 was intended to eliminate volatility on financial arrangements resulting from IFRS tax rules.
Determination E12 (Mar 2009) determines the extent to which a person is excused from complying with section EA 3 of the Income Tax Act 2007.
This determination covers an arrangement involving the issue of perpetual non-cumulative shares by BNZ Income Securities Limited to the public and to National Equities Limited. The arrangement is fully described in product ruling BR Prd 09/02.
Determination G30 (30 Mar 2006) allows financial institutions that adopt IFRS to mostly continue the same methods of calculating income and expenditure.
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