Plain language law

New Zealand law explained for everyone

Plain Language Law homepage
DB 58: Adjustment for avoidance arrangements
or “Rules for claiming deductions when avoidance arrangements are involved”

You could also call this:

“Limits on deductions when prices don't match market value”

You may not be allowed to claim a deduction in some cases. This can happen if you pay too much for something, as explained in [section GC 7].

There are also times when you might be treated as if you provided a certain amount of money. This can happen in two situations:

  1. When you buy or sell trading stock (things you trade as part of your business) for less than they’re worth, as described in [section GC 1].

  2. When you rent out a property for less than it should be rented for, as explained in [section GC 5].

These rules can change how the general permission for deductions works. The first rule can stop you from getting a deduction, while the second rule adds to the general permission. However, the general limitations on deductions still apply in all cases.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.


Next up: DB 60: Acquisition of emissions units

or “Tax rules for receiving free emissions units”

Part D Deductions
Specific rules for expenditure types

DB 59Market value substituted

  1. A person may be denied a deduction under section GC 7 (Excess amount payable by person).

  2. A person may be treated as providing an amount—

  3. for acquisition of trading stock, under section GC 1 (Certain disposals of trading stock at below market value):
    1. for lease of a property, under section GC 5 (Leases for inadequate rent).
      1. Subsection (1) overrides, and subsection (2) supplements, the general permission. The general limitations still apply.

      Compare
      Notes
      • Section DB 59(2)(a): amended, on , by section 39 of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).