In Sixton v Commissioner of Inland Revenue (1982) 5 NZTC 61,285 the objector's employer awarded him a “points cheque” that could be exchanged for goods or overseas travel but that could not be exchanged for cash. The Commissioner included the value of goods bought with the “points...

Section 67(4)(b) of the Income Tax Act 1976 states that assessable income shall include all profits made from the sale of land where the taxpayer is in the “business of dealing in land”. In Henderson v Commissioner of Inland Revenue (21 October 1982) HC 79/79 the taxpayer objected to being...

This is a case note on Dunnenberger v Commissioner of Inland Revenue High Court New Plymouth, 22 October 1982 (M. 42/79) Bisson J, which was a fairly typical case on the application of the assets accretion method of tax assessment. Where absolute precision cannot be expected, it is enough for...

Section 68 of the Income Tax Act 1976 provides that only 5% of a retirement allowance is assessable as income. In Commissioner of Inland Revenue v. Smythe (1981) 1 NZLR 673 the court decided that lump sum payments given on the occasion of retirement in lieu of long service leave fell under the...

Does money paid from the assets revaluation account of a company constitute a capital gain made “otherwise” for the purposes of section 4(5)(a) of the Income Tax Act 1976? In Moss & Mardon v Commissioner of Inland Revenue (29 April 1982, M.682/81, HC, Wellington) Davison CJ held that it does...

Section 67(4)(e) of the Income Tax Act 1976 provides for the taxing of profits of land subdivision where a subdivisional scheme is commenced within ten years of the land's acquisition. In Lowe v Commissioner of Inland Revenue [1981] 1 NZLR 326 the court held that profits do not need to be...

Section 242(b) of the Income Tax Act 1976 provides that all income derived from New Zealand shall be assessable for income tax, whether or not the recipient is resident in New Zealand. In Geothermal Energy New Zealand v. Commissioner of Inland Revenue [1979] 2 NZLR 324 the court held that where...

A discussion of the relevant clauses of the Fourth Schedule of the Income Tax Act 1976, which details what can be claimed as expenditure incurred in the course of employment. The discussion is made in light of two cases – Taxation Review Authority Case 18 (1980) 4 TRNZ 199 and Quin v....

Re Donald (1977) 2 TRNZ 275 dealt with valuing a wife's interest in a bank account held jointly with her husband, on his death. Somers J held that the wife did not have any beneficial interest in the account until the husband's death, when she acquired a right to the whole account. This note...

The objector in Halliwell v. Commissioner of Inland Revenue 1 NZLR 363 arranged his affairs in order to minimise his tax liability. The court held that if deductions satisfy section 111 of the Land and Income Tax Act 1954 (largely the same as section 104 of the Income Tax Act 1976) they will be...