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EH 72: Income when refund given on application
or “Refunds from applications can count as income in different tax years”
You could also call this:

“Refund options for forest thinning income equalisation accounts”

You can ask for a refund from your thinning operations income equalisation account for a few different reasons.

If you want to do some planned work on your forest business right away, you can ask for a refund. The Commissioner will give you the money if they believe you’ll use it for this purpose. However, the money needs to have been in your account for at least 6 months.

You can also ask for a refund if you’re having serious money problems. In this case, or if the Commissioner decides there’s another good reason, you can get your money back no matter how long it’s been in the account.

When you ask for a refund, you can request some or all of the money in your account. The Commissioner will give you the amount you ask for if they’re sure you’re using it for these reasons.

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Next up: EH 74: Income when refund given for development or recovery

or “Refunds for development or recovery are counted as income”
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Part E Timing and quantifying rules
Income equalisation schemes: Refunds: on application

EH 73Refund for development or recovery

  1. Subsection (2) applies when a person wants a refund of some or all of the amount in their thinning operations income equalisation account for the purpose of enabling them to undertake, immediately after the refund is given, planned development or maintenance work for their forestry business.

  2. If the Commissioner is satisfied that the person will use the refund for the purpose, the Commissioner must refund to them the amount applied for, to the extent to which it can be made up of 1 or more deposits that have been in the person’s thinning operations income equalisation account for at least 6 months before the date the deposit ends.

  3. Subsection (4) applies when a person wants a refund of some or all of the amount in their thinning operations income equalisation account for either or both of the following purposes:

  4. to avoid them suffering serious hardship:
    1. to do anything else that the Commissioner determines, in a case or class of cases, is a purpose for which a refund should be given.

      1. If the Commissioner is satisfied that the person will use the refund for either or both of the purposes, the Commissioner must refund to them the amount applied for, regardless of the length of time it has been in the account.

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      Notes
      • Section EH 73 list of defined terms apply: inserted, on , by section 74 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
      • Section EH 73 list of defined terms forestry business: inserted (with effect on 1 April 2008), on , by section 126 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).