Tax Law (LAWCOMM 403) lecture notes summary and annotated legislation notes with relevant tax law legislation.
Summary notes are 54 pages long and legislation notes are 33 pages long. Summary notes cover the following topics:
- Tax Policy
- Adam Smith
- Four Canons of Taxation
- Karl Marx
- Friedman
- Keynes
- Henry Simons
- Modern NZ tax policy
- Budgets (Smith, Keynes, Friedman)
- Capital gains tax
- The core provisions
- Tax credits
- Residence and Source
- Residence
- Permanent place of abode test
- Residence of companies
- Source
- Income
- Exempt and excluded income
- Fringe benefit tax
- Income according to ordinary concepts
- Capital vs revenue distinction
- Business income
- Selling a business
- Income from land
- Brightline test
- Land acquired for purpose of disposal
- Business of dealing in land
- Deductions
- Test for deductibility:
- Incurred
- Timing
- Capital vs revenue distinction
- Sun Newspapers v FCT
- BP Australia
- Trust power
- Nexus
- Depreciation
- EE 7: What Is Not Depreciable Property?
- EE 9: Elements of Calculation
- Matching rules
- Test for deductions and depreciation
- Entities and withholding
- Dividends
- Imputation credit accounting
- Allocating imputation credits to shareholders
- Deemed dividends
- Resident withholding tax (RWT)
- RWT and dividends
- Non-dividend payments from a company to a shareholder
- Share repurchase and buyback
- Test for getting money out of a company:
- Trusts
- Tax avoidance
- Avoidance cases
- The avoidance test from Ben Nevis:
- GST
- Is GST regressive?
- GST maths
- New Zealand GST system
- Supply of goods and services
- Made in New Zealand
- By a registered person
- In the course or furtherance of a taxable activity
- On the value of the supply
- Exempt and zero-rated supplies
- Timing
- Pricing rules
- Input tax – deductions and second-hand goods credits
- Formalities
- Imported goods
- Imported services
- Cross-border supplies of remote services (“Netflix” rules)
- Tax Administration Act
- Tax penalties
- Abusive tax position
- COVID-19
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