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December 2024
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individuals tax Return changes8/2/2019 The Taxation (Annual Rates for 2018-19, Modernising tax Administration, and Remedial Matters) Bill, was introduced into Parliament on 28 June 2018. The revenue system will be modernised to make the tax easier for individual, and the rules and processes will be simpler.
New year - end tax obligations for individuals The Bill proposes a number of amendments for the end of year income tax obligations of individuals and some of the processes that will be undertaken by Inland Revenue (IR). In summary, the proposed changes are:
Individuals will be required to provide information on their other income (income other than their reportable income) and will be able to provide information on deductions and tax credits. This additional information will be added to the individual's pre-populated account (now their adjusted account) and will become the individual's self-assessment. Changes for refunds and amounts of tax to pay The Bill also proposed a number of amendments to improve the process for issuing refunds and advising individuals that they have tax to pay or are due a refund. In summary, the proposed changes are:
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ring-fencing rental losses8/2/2019 The release of an official's issues - paper entitled "Ring-fencing rental losses" was issued in march 2018. and introduced into Parliament on 5 December 2018 as a part of the taxation (Annual Rates for 2019-20, GST Offshore Supplier Registration, and remedial Matters) Bill. According to this proposal, speculators and investors will no longer be able to offset tax losses from the residential properties against their other income but can be used in future years to reduce the tax when the properties make profits or the sale of land.
Property subject to the rules (ss DB 18 AC to DB 18 AK) The provisions of "Ring-fencing rental losses" will apply to "residential rental property", which is defined as "residential land'. However, the following are excluded from "residential rental property".
Land taxable on sale The proposed rules will not apply if the land is identified to IR as being taxable on sale. This would include land held in dealing, development, subdivision, and building businesses, and land that was bought with the intention of resale. the exclusion for land that will be taxable on sale will be available if either:
Portfolio basis by default with property-by-property application by election The proposed default position is that the loss ring-fencing rules will apply on a portfolio basis, which means the investors are able to offset deductions for one rental property against income from other rental properties. Use of ring-fenced deductions Portfolio basis if the portfolio basis is used, ring-fenced residential property deductions will be able to be offset against:
property-by-property basis If the property-by -property basis is used, ring-fenced deductions relating to the property will be able to be offset against:
Unused deductions Generally, any remaining unused deductions will continue to be ring-fenced and carried forward to be used against any future residential rental income or income from other residential land sales However, it is proposed that ring-fenced deductions will be released in certain situations. Transfer between companies in wholly-owned group Ring-fenced deductions are allowed to be transferred between companies in a wholly-owned group according to proposed s DB 18AI. And any remaining deductions will be carried forward and will remain ring-fenced. The transferred deductions will remain ring-fenced until offset against residential rental income or residential land sale income. Interposed entities -residential land-rich entities The interposed entity rules will apply for interest on borrowings to acquire an interest in an entity if, for a particular income year, the entity is a "residential land -rich entity" - which will be where over 50% of the entity's assets are residential properties. where the land - rich threshold is met, part or all of the interest on the borrowings will be treated as residential rental property expenditure, and deductions will be ring-fenced. The proposed new rules are intended to apply from 1 April 2019 for the 19/20 and later income years. They will not apply to a deduction a person is allowed for a prior income year. |