Income Tax Act 2007

Timing and quantifying rules - Depreciation

EE 43: Transfer of depreciable intangible property on or after 1 July 1997

You could also call this:

“Rules for receiving non-depreciable intangible property from a related party”

When you get something called ‘depreciable intangible property’ from someone you’re connected to, there are some special rules. This applies if you get it on or after 1 July 1997. The property you get must not have been something the other person could depreciate. This is because it wasn’t on a special list called schedule 14 when they got it. Also, the other person must not have been allowed to reduce their taxes because of buying this property, except for depreciation.

If all of this is true, then you can’t claim any depreciation loss for this property. This means you can’t reduce your taxes because the property is losing value over time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1514645.

Topics:
Money and consumer rights > Taxes

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Part E Timing and quantifying rules
Depreciation

EE 43Transfer of depreciable intangible property on or after 1 July 1997

  1. This section applies when, on or after 1 July 1997, a person (person A) acquires, directly or indirectly, from an associated person an item of depreciable intangible property that—

  2. was not depreciable property of the associated person because it was not of a kind listed in schedule 14 (Depreciable intangible property) at the time the associated person acquired it; and
    1. was not an item for whose cost the associated person was allowed a deduction, other than a deduction for an amount of depreciation loss, under a provision of this Act outside this subpart.
      1. Person A does not have an amount of depreciation loss for the item.

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