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Download interpretation guidelines and interpretation statements 2010

  • Interpretation guidelines discuss the Commissioner's approach to the interpretation of a general area of law where there are also taxation implications. For example, IG009: Employee or independent contractor? assists taxpayers to determine their employment status for tax purposes.
     
  • Interpretation statements set out the Commissioner's view of the taxation laws in relation to a particular set of circumstances in cases when a binding public ruling cannot be issued or is considered to be inappropriate.

The table below lists interpretation guidelines and interpretation statements issued 2010 alphabetically by title.


IS10/08 - Retirement villages - GST treatment

This interpretation statement addresses the GST treatment of payments made to the owners or operators of retirement villages and their entitlement to input tax credits on supplies received for the purpose of a retirement village. The item considers the legislation as it is before any relevant amendments to the Goods and Services Tax Act 1985 in the Taxation (GST and Remedial Matters) Bill 2010 take effect.

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Date of issue: 26 October 2010

IS10/08 - PDF format (242kb | 48 pages)

IS 10/07 - Care and management of the taxes covered by the Inland Revenue Acts

This interpretation statement sets out the Commissioner's position on his responsibility under section 6A(2) of the Tax Administration Act 1994 for the 'care and management of the taxes covered by the Inland Revenue Acts', and his duty under section 6A(3) of the TAA 'to collect over time the highest net revenue that is practicable within the law'. See below for a brief background statement in relation to IS 10/07

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Date of issue: 22 October 2010

IS 10/07 - PDF format (243kb | 48 pages)

Background - Care and management of the taxes covered by the Inland Revenue Acts

The short background statement briefly discusses the changes made to the statement since the consultation periods in 2005 and 2008. See above for the interpretation statement IS 10/07.

Date of issue: 22 October 2010

Background - PDF format (26kb | 1 page)

IS 10/06 - Deductibility of business relocation costs

This interpretation statement considers the deductibility of business relocation costs incurred when an existing business relocates from one location to another location within New Zealand.

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Date of issue: 20 August 2010

IS 10/06 - PDF format (148kb | 27 pages)

IS10/05 - Estimated useful life and lease terms

This interpretation statement addresses whether a lease term is a relevant factor in determining an items estimated useful life for the purposes of setting a special depreciation rate.

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Date of issue: 16 August 2010

IS10/05 - PDF format (95kb | 21 pages)

IS10/04 - Non-resident contractor schedular payments

This interpretation statement replaces 'Non-Resident Contractor's Withholding Tax - Who is Affected by the Withholding Tax Rules', Tax Information Bulletin Vol 6, No 14 (June 1995), and covers aspects of schedular payments to non-resident contractors that were covered in the TIB item, in the context of the new legislative provisions.

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Date of issue: 30 June 2010

IS10/04 - PDF format (121kb | 24 pages)

IS10/03 - GST: Time of supply - payments of deposits, including to a stakeholder

This interpretation statement considers the application of the time of supply rules for GST purposes to the payment of a deposit in various circumstances, including under conditional and unconditional agreements, where a binding agreement does not exist and where payment is made to a stakeholder.

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Date of issue: 04 June 2010

IS10/03 - PDF format (81kb | 16 pages)

IS10/02 - Meaning of 'building' in the depreciation provisions

Interpretation statement IS 10/02 sets out the meaning of 'building' in the context of depreciation provisions, with examples of items now considered buildings.

Date of issue: 30 April 2010

IS10/02 - PDF format (180kb | 35 pages)

IS10/01 - Residential rental properties - Depreciation of items of depreciable property

This interpretation statement considers the depreciation of items in the context of a residential rental property. It sets out a three-step test that the Commissioner will apply to determine whether an item can be depreciated separately or whether it is properly depreciated as part of the building. It also includes an appendix with a number of common items (such as plumbing, electrical wiring, hot water cylinders, doors, and cupboards) and states the Commissioner's view on whether these are separately depreciable items or part of the building.

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Date of issue: March 2010

IS10/01 - PDF format (234kb | 53 pages)
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