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Income Tax Act 2007

Income - Income from mineral mining - Definitions

CU 6: Meaning of mineral miner

You could also call this:

“Who qualifies as a mineral miner for income tax purposes”

You are a mineral miner if you fit into one of these categories:

  1. Your only source of income is from mining a listed industrial mineral in New Zealand.

  2. Your main source of income is from mining a listed industrial mineral in New Zealand.

  3. Your only activity is exploring, searching, or mining for a listed industrial mineral in New Zealand, or doing development work for these activities.

  4. Your main activity is exploring, searching, or mining for a listed industrial mineral in New Zealand, or doing development work for these activities.

  5. You plan to make your only or main activity exploring, searching, or mining for a listed industrial mineral in New Zealand, or doing development work for these activities.

If you do any of these activities as a service for someone else and get paid for it, you’re only considered a mineral miner if your payment is mostly based on and depends on how much of the mineral is produced, or if you get paid by sharing in the profits from the mineral production.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1512990.

Topics:
Money and consumer rights > Taxes
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Part C Income
Income from mineral mining: Definitions

CU 6Meaning of mineral miner

  1. Mineral miner means a person to which 1 of the following applies:

  2. the person's only source of income is the business described in subsection (2); or
    1. the person's main source of income is the business described in subsection (2); or
      1. the person's only activity is 1 of the activities described in subsection (3); or
        1. the person's main activity is 1 of the activities described in subsection (3); or
          1. the person proposes that their only activity or their main activity be 1 of the activities described in subsection (3).

            1. The business referred to in subsection (1)(a) and (b) is the business of mining a listed industrial mineral in New Zealand.

            2. The activities referred to in subsection (1)(c), (d), and (e) are—

            3. exploring, searching, or mining for a listed industrial mineral in New Zealand; or
              1. performing development work for exploring, searching, or mining for a listed industrial mineral in New Zealand.

                1. An activity described in subsection (3) does not include an activity done or to be done as a service to another person for reward unless the reward—

                2. is wholly or mainly related to and dependent on the production of the listed industrial mineral; or
                  1. arises wholly or mainly through participation in profits from the production of the listed industrial mineral.

                    Notes
                    • Section CU 6: replaced, on (applying for the 2014–15 and later income years), by section 14(1) of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).