Taxation (Remedial Provisions) Act 1998

1: Short Title
This Act may be cited as the Taxation (Remedial Provisions) Act 1998.
1: Amendments to Income Tax Act 1994
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
2: Income Tax Act 1994
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
3: Non-profit bodies' and charities' exempt income
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
4: Exemption income—dividends
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
5: Exemption income—dividends
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
6: National standard cost scheme for specified livestock
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
7: Determination of national average market values for specified livestock
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
8: Rules for calculating New Zealand group debt percentage
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
9: New Subpart added
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
10: Rebate in respect of gifts of money
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
11: New Subpart added
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
12: Foreign tax credits—controlled foreign companies
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
13: New Subpart added
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
14: Amount of provisional tax payable
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
15: Assessment and payment of terminal tax
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
16: Payment of tax
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
17: Debits arising to imputation credit account
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
18: Credits and debits arising to branch equivalent tax account of company
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
19: Use of credit to reduce dividend withholding payment, or use of debit to satisfy income tax liability
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
20: Credits arising to dividend withholding payment account
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
21: Debits arising to dividend withholding payment account
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
22: Company may attach dividend withholding payment credit to dividend
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
23: Transfer by life insurance company of credit balance to policyholder credit account
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
24: Transfer of credit balance to imputation credit account
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
25: New Subpart added
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
26: New section added
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
27: Tax deductions to be made by employers
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
28: Application of tax codes specified in tax code declarations or tax code certificates
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
29: Assessment and payment of tax
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
30: Non-resident withholding tax imposed
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
31: New heading and section added
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
32: Definitions
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
33: Further definitions of associated persons
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
34: New sections added
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
35: Schedule replaced
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
36: Schedule replaced
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
37: Schedule 19—Basic Tax Deductions
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
2: Amendments to Tax Administration Act 1994
38: Tax Administration Act 1994
The Tax Administration Act 1994
39: Interpretation
1: In section 3 tax Tax agent
a: Carries on a professional public practice; or
b: Carries on any business in which returns of income are prepared; or
c: Is the Maori Trustee: .
2: Subsection (1)
40: Shareholder dividend statement to be provided by company
1: In section 29(1) or a dividend withholding payment credit attached or a conduit tax relief amount attached
2: Subsection (1)
41: New section added
1: After section 30
30A: Statement to shareholder when conduit tax relief credit attached to dividend
Where a conduit tax relief company attaches a conduit tax relief credit to a dividend under section MI 7 of the Income Tax Act 1994 section 29
a: The amount of the conduit tax relief credit:
b: The amount of the conduit tax relief additional dividend paid under section LG 1 of the Income Tax Act 1994
c: The aggregate of—
i: The dividend paid to the shareholder; and
ii: The conduit tax relief additional dividend paid to the shareholder. .
2: Subsection (1)
42: Annual income tax returns not required from taxpayers
1: Section 33A(1) ; and paragraph (i) paragraph (i)
j: Is, notwithstanding paragraph (i) Student Loan Scheme Act 1992 .
2: Subsection (1)
43: Dates by which annual returns need to be furnished
1: Section 37(4)
4: Subject to subsection (5)
a: The tax agent is unable to furnish the return of income on or before the date set by subsection (1)
b: It would be unreasonable, having regard to the circumstances of the tax agent preparing the return, to require the return to be furnished on or before the date set by subsection (1)
4A: The Commissioner may refuse to extend a tax agent's time for furnishing a taxpayer's return of income for an income year and may cancel an existing extension of time for furnishing such a return if the taxpayer has not furnished any required return of income for a prior income year and that return is not subject to an extension of time. .
2: Subsection (1)
44: New section added
1: After section 68
68A: Statement when conduit tax relief credit attached to dividend
If a conduit tax relief company attaches a conduit tax relief credit to a dividend, the company must include the following information in the company dividend statement required by section 67
a: The conduit tax relief additional dividend paid under section LG 1 of the Income Tax Act 1994
b: The dividend withholding payment ratio (calculated as if the credit were a dividend withholding payment credit):
c: The combined imputation and dividend withholding payment ratio (calculated as if the credit were a dividend withholding payment credit), if an imputation credit has been attached to the dividend. .
2: Subsection (1)
45: Annual imputation return
1: After section 69(1)(e)
ea: If the company is a conduit tax relief company for the imputation year,—
i: The opening and closing balances of the company's conduit tax relief account for the imputation year:
ii: The amount and source of all credits and debits that have arisen in the company's tax relief account in accordance with Part MI of the Income Tax Act 1994 .
2: After section 69(3)
4: For the purposes of subsections (2) and (3) .
3: Subsections (1) (2)
46: Commissioner to make determinations
In section 92(5) paragraph (a) section MG 12 or MI 12
47: New section added
1: After section 103
103A: Assessment of dividend withholding payment relating to conduit tax relief
1: The Commissioner may assess the amount of dividend withholding payment payable by a company under section MI 10 of the Income Tax Act 1994
2: The company must pay the amount assessed unless the company establishes in proceedings challenging the assessment that the assessment is excessive or that the company is not chargeable with the dividend withholding payment.
3: The Commissioner's assessment can be challenged in the same way as income tax, and Part VIIIA of this Act
4: Sections 109, 111, and 113
a: The term taxpayer
b: The term tax already assessed .
2: Subsection (1)
48: Remission or cancellation on written request
In section 183H paragraph (a) tax under section 183A or 183D
3: Amendments to Goods and Services Tax Act 1985
49: Goods and Services Tax Act 1985
The Goods and Services Tax Act 1985
50: Application
Sections 51 52
51: Short Title, etc
In section 1(2) sections 12 and 13 section 12
52: Interpretation
In the definition of input tax 2 Customs Act 1966 Customs and Excise Act 1996
53: Zero-rating
1: In section 11(2)(ca)(i) in relation to directly in connection with
2: Subject to subsection (3) subsection (1)
3: Subsection (1)
a: In reliance on the words in relation to
b: On or before 20 November 1997; and
c: For a taxable period that ends on a date between 30 September 1996 and 21 November 1997.
4: Amendments to Stamp and Cheque Duties Act 1971
54: Stamp and Cheque Duties Act 1971
The Stamp and Cheque Duties Act 1971
55: Interpretation
1: In section 86A cardholder Automatic withdrawal of funds .
2: In section 86A credit card agency Electronic transfer of funds .
3: In section 86A liable transaction issued by itself or an automatic withdrawal of funds or an electronic transfer of funds
4: Subsections (1) to (3)
5: Notwithstanding subsection (4) subsections (1) to (3) subsections (1) to (3) section 86D
56: Repeal
1: Part 6A
2: Notwithstanding subsection (1) sections 86A to 86E
5: Amendments to Taxation (Remedial Provisions) Act 1997
57: Taxation (Remedial Provisions) Act 1997
1: The Taxation (Remedial Provisions) Act 1997
2: In section 31 28 30
3: In section 37 33 36
4: This section is deemed to have come into force on 23 September 1997.