Income Tax Act 2007

Deductions - Forestry expenditure

DP 10: Cost of acquiring timber or right to take timber: other cases

You could also call this:

"What you paid for trees or the right to cut them down"

Illustration for Income Tax Act 2007

When you buy land with trees on it, the cost of the trees is the amount the seller gets as income, as stated in section CB 25. If you buy trees or the right to cut trees from someone, the cost is what they got for it, as stated in sections FB 6 and FB 7, or the price they got for it, as stated in section GC 1 or section GC 2. If someone gives you trees or the right to cut trees, and they have to pay tax on it, you can only claim the cost of the trees as a deduction if it is not more than the tax they paid, as stated in section CB 24 or CB 25.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1513997.

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DP 11: Cost of timber, or

"How to claim a tax deduction for timber costs when selling timber"

Part DDeductions
Forestry expenditure

DP 10Cost of acquiring timber or right to take timber: other cases

  1. For a person acquiring land with standing timber on it in a disposal to which section CB 25 (Disposal of land with standing timber) applies, the cost of acquiring the timber is the amount that is, under section CB 25, income of the person disposing of the land.

  2. For a person acquiring timber or a right to take timber in a disposal or distribution to which section FB 6, FB 7, GC 1, or GC 2 (which relate to the disposal of trading stock) applies, the cost of acquiring the timber or the cost of acquiring a right to take timber is the amount treated as—

    1. the consideration under sections FB 6 and FB 7 (which relate to the disposal of timber under a relationship agreement); or
      1. the price realised under section GC 1 (Certain disposals of trading stock at below market value); or
        1. the price realised under section GC 2 (Disposals of timber rights or standing timber).
          1. Subsections (4) and (5) apply if—

          2. a person (the transferor) disposes of timber, a right to take timber, or standing timber, to an associated person (the transferee); and
            1. as a result, the transferor has an amount of income under section CB 24 or CB 25 (which relate to income from timber).
              1. The deduction that the transferor is allowed for the cost of the timber, right to take timber, or standing timber must not be more than the amount of the income.

              2. The deduction that the transferee is allowed for the cost of acquiring the timber is calculated on the basis that the transferee acquired the timber for the total of

              3. the cost to the transferee of acquiring the timber; and
                1. the amount, if any, for which the transferor is denied a deduction under subsection (4).
                  Compare
                  Notes
                  • Section DP 10(2): amended, on , by section 50(1) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).
                  • Section DP 10(2)(a): repealed, on , by section 50(2) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).
                  • Section DP 10(2)(c): amended, on , by section 50(3) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).
                  • Section DP 10(5): amended (with effect on 1 April 2008), on , by section 14(1) of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
                  • Section DP 10 list of defined terms pay: repealed, on , by section 50(4) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).