Income Tax Act 2007

Deductions - Expenditure specific to certain entities

DV 14: Amalgamated company: expenditure on improvements for farming, horticultural, aquacultural, and forestry businesses

You could also call this:

“Tax deductions for land improvements carry over when companies merge”

When a company joins with another company, it’s called an amalgamation. This law is about what happens to some special money spent on improving land or businesses for farming, horticulture, aquaculture, or forestry when companies join together.

If a company that’s joining with another one has spent money on these kinds of improvements, the new combined company can get some money back from the government. This is called a deduction. The new company can get this deduction if the old company would have been able to get it if they hadn’t joined together.

The new company can keep getting this deduction as long as they still own the land or run the business. The amount they can get back is the same as what the old company would have been able to get.

This rule adds to the general permission for deductions, but all the usual limits on deductions still apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1514171.

Topics:
Money and consumer rights > Taxes
Business > Industry rules

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DV 15: Amalgamated companies: property passing on resident’s restricted amalgamation, or

“Rules for deductions when companies merge in a special way”

Part D Deductions
Expenditure specific to certain entities

DV 14Amalgamated company: expenditure on improvements for farming, horticultural, aquacultural, and forestry businesses

  1. This section applies when—

  2. an amalgamating company ends its existence on a resident’s restricted amalgamation; and
    1. the amalgamated company acquires land or a business from the amalgamating company; and
      1. the amalgamating company would have been allowed a deduction under any of section DO 4, DO 5, DO 6, DO 12, or DP 3 (which relate to improvements and expenditure on land) for the land or business if the amalgamation had not occurred.
        1. While the amalgamated company holds the land or carries on the business, it is allowed the deduction that the amalgamating company would have been allowed under section DO 4, DO 5, DO 6, DO 12, or DP 3.

        2. This section supplements the general permission. The general limitations still apply.

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