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EY Tax Monthly News Update – Edition 4, 2024


EY Tax News Update: Edition 4, 2024

Welcome to the latest edition of EY’s tax news. This edition covers key tax developments for the month of April. You can also find details of upcoming events, along with links to EY insights.

In brief

Inland Revenue updates

  • New finalised guidance, including:
    • Amortisation rates for listed horticultural plants
    • Depreciation rate for horticulture LED grow light systems
    • Technical Decision Summaries on: sale of property and the bright-line test; supressed cash sales, GST and evasion shortfall penalties; Employee Share Scheme – right to receive shares
  • Website updates relating to:
    • Special Reports on 39% trustee tax rate and new Offshore Gambling Duty
    • GST platform economy rules
    • Taxpayers with overdue debt
    • Applying for an RWT exemption

Government and political updates

  • Political update – Government portfolio reshuffle, upcoming Budget
  • Reserve Bank consultation on digital cash
  • Economic update

International updates

  • BEPS Pillar Two – OECD releases Consolidated Commentary to Global Anti-Base Erosion Model Rules

EY Global Webcasts

  • The outlook for global tax policy and controversy in 2024

EY Insights

  • Tax Guides – various matters covering over 150 jurisdictions
  • EY Green Tax Tracker - get ahead and stay ahead of evolving global green tax policies  
  • The Latest on BEPS and Beyond, April 2024 edition
  • European Parliament adopts new regulation to reduce global methane emissions from energy sector 

Inland Revenue updates


New finalised guidance

Key Inland Revenue guidance items finalised since our last update include:

Finalised guidance name

Description

Determination DET 24/01Amortisation rates for listed horticultural plants 

Sets out the amortisation rates (based on diminishing values) for listed horticultural plants from the 1 April 2023 and subsequent income years.

Depreciation Determination DEP 111Horticulture LED grow light systems 

Sets a depreciation rate for horticulture LED grow light systems used for indoor farming operations.

Technical Decision Summary TDS 24/06Sale of property and the bright-line test 

Summarises a decision of the Tax Counsel Office (TCO) relating to whether the bright-line test could potentially apply to the future sale of three sections of residential land.

Technical Decision Summary TDS 24/07Supressed cash sales, GST and evasion shortfall penalties 

Summarises a decision of the TCO on whether a restaurant business under-reported its cash sales, whether it was entitled to certain GST input tax deductions and whether it was liable to pay a shortfall penalty for evasion.

Technical Decision Summary TDS 24/08Employee Share Scheme – right to receive shares

Summarises a decision of the TCO in relation to an employee who was granted rights under an employee share scheme. The key question was whether the “share scheme taxing date” was when the rights vested or when the taxpayer exercised the rights.

Website updates

Inland Revenue has published several updates on its website, including:

  • Special Reports providing early information on the 39% trustee tax rate (see here) and Offshore Gambling Duty (see here).
  • A revised Special Report on the GST platform economy rules (see here), as well as website information on the listing intermediary rules and new transitional rule (here). An Inland Revenue marketing campaign targeting ride-sharing drivers and accommodation hosts who may be impacted by the changes has also been announced – see here
  • Inland Revenue is taking action on taxpayers with overdue debt, indicating a change in stance to the previous focus on supporting businesses through COVID-19 recovery – see here.
  • Taxpayers and tax agents can now apply for an RWT exemption in myIR – see here

Government and political updates


Political update

Prime Minister Christopher Luxon has announced a portfolio reshuffle, which will see Revenue Minister Simon Watts move into Cabinet. Previously Minister Watts, and therefore the Revenue portfolio, sat outside of Cabinet. See the Beehive release here for details.

A reminder that Budget 2024 will be delivered on 30 May. The Budget is expected to contain the promised income tax relief for individuals, although the exact details of the personal tax cuts are not yet known. Keep an eye out for the next EY Tax News Update for post-Budget details.

Reserve Bank consultation on digital cash

The Reserve Bank of New Zealand (“RBNZ”) has issued a consultation paper on principles and design options for the possibility of introducing digital cash in New Zealand, with consultation open until 26 July.

Digital cash would be an electronic version of cash issued by RBNZ, but it would not replace cash.

RBNZ are currently in stage 2 of a multi-year, multi-stage process of considering digital cash with many details yet to work out before a decision can be made on whether digital cash is right for New Zealand.

For more information, see the RBNZ website here.

Economic update

Treasury has published the Interim Financial Statements of the Government for the eight months ended 29 February 2024. Key figures include:

  • Tax revenue of $78.8 billion (0.6% below forecast, largely due to corporate tax and net other individual’s tax being below forecast)
  • Operating balance before gains and losses deficit of $4.2 billion (in line with forecast)

Refer to the Treasury media release here for more information.

In addition, recent figures released by Stats NZ show:

  • Annual inflation is down to 4% - see here.
  • Household living costs increased 6.2% in the 12 months to the March 2024 quarter – see here.

International updates


In relation to the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project, the OECD released a Consolidated Commentary to the BEPS Pillar Two Global Anti-Base Erosion (GloBE) Model Rules. The Consolidated Commentary incorporates Agreed Administrative Guidance released by the Inclusive Framework on BEPS between March 2022 - December 2023. It provides taxpayers (and tax administrations) with guidance on the interpretation and application of the GloBE Rules. The Consolidated Commentary can be found on the OECD website here


EY Global Webcasts


The outlook for global tax policy and controversy in 2024 register on ey.com here to watch on demand 


EY insights


Dean Madsen | New Zealand Tax Leader
Ernst & Young Limited
New Zealand
Dean.Madsen@nz.ey.com

Paul Dunne | New Zealand Tax Policy Leader
Ernst & Young Limited
New Zealand
Paul.Dunne@nz.ey.com

Aaron Quintal | Partner, Private Client Services
Ernst & Young Limited
New Zealand
Aaron.Quintal@nz.ey.com

Sarah-Jane Leslie | Tax Watch Editor, Tax Policy
Ernst & Young Limited
New Zealand
Sarah-Jane.Leslie@nz.ey.com

Sladja Lines | Senior Manager, Tax Policy
Ernst & Young Limited
New Zealand
Sladjana.Lines@nz.ey.com