Income Tax Act 2007

Income - Excluded income - Exclusions and limitations

CX 29: Entertainment

You could also call this:

“Rules for when entertainment from your employer is considered a fringe benefit”

If your employer gives you entertainment, it’s usually not a fringe benefit. However, there are some cases when it is a fringe benefit.

Entertainment becomes a fringe benefit if you don’t receive or use it while you’re working, and it’s not something you need because of your job. Also, it’s a fringe benefit if you can choose when to use it, or if it’s entertainment that happens outside New Zealand.

For example, if your boss gives you concert tickets that you can use anytime you want, that’s a fringe benefit. But if you go to a work dinner with clients, that’s not a fringe benefit because it’s part of your job.

You can find more information about what counts as entertainment in section DD 2, and about entertainment outside New Zealand in section DD 7.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1513393.

Topics:
Money and consumer rights > Taxes
Work and jobs > Worker rights

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Part C Income
Excluded income: Exclusions and limitations

CX 29Entertainment

  1. A benefit in a form of entertainment described in section DD 2 (Limitation rule) that an employer provides to an employee is not a fringe benefit. This subsection is overridden by subsection (2).

  2. A benefit in a form of entertainment described in section DD 2 that an employer provides to an employee is a fringe benefit if—

  3. the employee does not receive or use it in the course of employment; and
    1. the employee does not receive or use it as a necessary consequence of their employment duties; and
      1. either—
        1. the employee may choose when to receive or use the benefit; or
          1. the entertainment is of a kind described in section DD 7 (Entertainment outside New Zealand).
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