Income Tax Act 2007

Income - Employee or contractor income - Definitions

CE 5: Meaning of expenditure on account of an employee

You could also call this:

"What employers pay for to help their employees do their job"

Illustration for Income Tax Act 2007

When an employer pays money for something related to an employee, it is called expenditure on account of an employee. This means the employer pays for something the employee needs or will need for their job. You should know that this does not include things like payments made under section CW 17 or sections CW 16B to CW 16F. Expenditure on account of an employee also does not include things like relocation payments, overtime meals, or certain work-related allowances, which are covered under section CW 17B, section CW 17C, section CW 17CB, and section CW 17CC. It does not include payments for things like distinctive work clothing or additional transport costs, which are covered under section CW 18. You should be aware that it also does not include things like employment-related loans, superannuation contributions, or income protection insurance premiums that the employer pays.

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Part CIncome
Employee or contractor income: Definitions

CE 5Meaning of expenditure on account of an employee

  1. Expenditure on account of an employee means a payment made by an employer relating to expenditure incurred by an employee or to be incurred by an employee.

  2. Repealed
  3. Expenditure on account of an employee does not include—

  4. expenditure for the benefit of an employee, or a payment made to reimburse an employee, under section CW 17 (Expenditure on account, and reimbursement, of employees):
    1. an amount paid under—
      1. sections CW 16B to CW 16F (which relate to accommodation expenditure):
        1. section CW 17B (Relocation payments):
          1. section CW 17C (Payments for overtime meals and certain other allowances):
            1. section CW 17CB (Payments for certain work-related meals):
              1. section CW 17CC (Payments for distinctive work clothing):
                1. section CW 18 (Allowance for additional transport costs):
                  1. expenditure, other than an amount to which paragraph (a) applies, that an employee pays in connection with their employment or service to the extent to which—
                    1. the amount of the expenditure is incurred by or on behalf of their employer; and
                      1. the employee pays the amount on their employer's behalf:
                      2. expenditure on an employment-related loan to which the fringe benefit tax (FBT) rules apply:
                        1. an employer’s superannuation contribution:
                                  1. a premium for income protection insurance that an employer is liable to pay or make a contribution towards for the benefit of an employee.
                                    Compare
                                    Notes
                                    • Section CE 5(1): replaced (with effect on 1 April 2008), on (applying for the 2008–09 and later income years), by section 11(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                                    • Section CE 5(2) heading: repealed, on , pursuant to section 25(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                                    • Section CE 5(2): repealed, on , by section 25(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                                    • Section CE 5(3)(b): replaced, on , by section 16(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
                                    • Section CE 5(3)(bb): repealed, on , by section 16(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
                                    • Section CE 5(3)(c): replaced, on , by section 16(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
                                    • Section CE 5(3)(f): repealed, on , by section 25(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                                    • Section CE 5(3)(g): repealed, on , by section 25(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                                    • Section CE 5(3)(h): repealed, on , by section 25(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                                    • Section CE 5(3)(i): repealed, on , by section 25(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                                    • Section CE 5 list of defined terms amount: inserted, on , by section 16(3) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
                                    • Section CE 5 list of defined terms associated person: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                                    • Section CE 5 list of defined terms close company: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                                    • Section CE 5 list of defined terms dividend: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                                    • Section CE 5 list of defined terms employment: inserted, on , by section 16(3) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
                                    • Section CE 5 list of defined terms life insurance policy: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                                    • Section CE 5 list of defined terms superannuation category 1 scheme: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                                    • Section CE 5 list of defined terms superannuation category 2 scheme: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                                    • Section CE 5 list of defined terms superannuation category 3 scheme: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                                    • Section CE 5 list of defined terms trustee: repealed, on , by section 21 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).