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Income Tax Act 2007

Taxation of certain entities - Joint venturers, partners, and partnerships

HG 6: Disposal of trading stock

You could also call this:

"Selling trading stock in a small business partnership"

Illustration for Income Tax Act 2007

When you dispose of some or all of your partner's interests in a partnership, this section applies if the partnership's total turnover is $3,000,000 or less, ignoring section HG 2. You do not have to pay income tax on the amount you receive for the trading stock. You cannot claim a deduction for the trading stock if the other partner can claim a deduction. When you buy a partner's interests in a partnership, you are treated as if you had acquired and held the trading stock. You cannot claim a deduction for the amount you paid for the trading stock. This section does not apply if section HG 3(2) applies or if section HG 4 overrides it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1185075.

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Part HTaxation of certain entities
Joint venturers, partners, and partnerships

HG 6Disposal of trading stock

  1. This section applies when a person disposes of some or all of their partner’s interests in a partnership, to the extent to which those interests include trading stock that is not livestock, and, for the income year of disposal, the total turnover of the partnership, ignoring section HG 2, is $3,000,000 or less.

  2. The amount of consideration paid or payable to the exiting partner for the trading stock is excluded income of the exiting partner.

  3. The exiting partner is denied any deduction in relation to the trading stock for the income year in which the disposal of the trading stock occurs and later income years, to the extent to which the entering partner is allowed a deduction because of subsection (5).

  4. The entering partner is denied any deduction for the amount of consideration paid or payable to the exiting partner for the trading stock.

  5. For the purposes of calculating the income tax liability of an entering partner, the entering partner is treated as if they had acquired and held the trading stock, not the exiting partner.

  6. This section does not apply for the partners of a small partnership if section HG 3(2) applies.

  7. Section HG 4 overrides this section.

Notes
  • Section HG 6: inserted, on , by section 19(1) of the Taxation (Limited Partnerships) Act 2008 (2008 No 2).
  • Section HG 6(1): amended, on , by section 135(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
  • Section HG 6(6): amended (with effect on 1 April 2008), on , by section 272(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
  • Section HG 6 list of defined terms exiting partner: inserted, on , by section 135(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).