Plain language law

New Zealand law explained for everyone

Income Tax Act 2007

Income - Income from equity

CD 32: Employee benefits

You could also call this:

“Benefits from employers that aren't counted as dividends”

When your employer gives you a benefit, it’s not considered a dividend if it’s a fringe benefit that is subject to fringe benefit tax. It’s also not a dividend if it would be a fringe benefit subject to fringe benefit tax, but your employer chose not to treat it as one under section CX 17(4B).

If your employer provides you with accommodation, and it counts as part of your income under section CE 1B, this isn’t treated as a dividend either.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1512646.

Topics:
Money and consumer rights > Taxes
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Part C Income
Income from equity

CD 32Employee benefits

  1. A benefit provided to an employee is not a dividend if—

  2. it is a fringe benefit subject to fringe benefit tax; or
    1. it would be a fringe benefit subject to fringe benefit tax if an election had not been made under section CX 17(4B) (Benefits provided to employees who are shareholders or investors).

      1. An amount that is employment income under section CE 1B (General rule: accommodation provided by employers) is not a dividend.

      Compare
      Notes
      • Section CD 32(1): replaced, on (applying for the 2017–18 and later income years), by section 65(1) of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).
      • Section CD 32(2): amended, on , by section 12 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
      • Section CD 32 list of defined terms employee: inserted (applying for the 2017–18 and later income years), on , by section 65(2) of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).