Income Tax Act 2007

Timing and quantifying rules - Terminating provisions

EZ 5: Reduction: bloodstock not previously used for breeding in New Zealand: pre-1 August 2006

You could also call this:

"Reducing tax on horses not used for breeding in New Zealand before 2006"

Illustration for Income Tax Act 2007

You have bloodstock that was not used for breeding in New Zealand before 16 December 1991. It was also not used for breeding in New Zealand by anyone else before you got it. There are some exceptions to this rule. If you got the bloodstock from someone else under a relationship agreement to which section FB 18 applies, it is okay. It is also okay if you and the other person were companies in the same group at the time. You can reduce the value of a stallion by 25% of its cost price. You can also choose to value the stallion by the reducing value method. This means the reduction is 37.5% of its cost price in the first year and 37.5% of its opening value in later years. For broodmares, the reduction is calculated using a formula. The formula is 1.25 times the cost price of the broodmare divided by 15 minus the age of the broodmare. The age of the broodmare is either 12 years or its actual age if it is 11 years or less. There is a different formula for broodmares to which section EC 39(2) applies. This formula is 1.25 times the cost price of the broodmare divided by 11 minus the age of the broodmare. The age of the broodmare is either 8 years or its actual age if it is 7 years or less.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1515990.

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EZ 6: Reduction: broodmare previously used for breeding in New Zealand: pre-1 August 2006, or

"Reducing the value of a broodmare used for breeding in New Zealand before 1 August 2006"

Part ETiming and quantifying rules
Terminating provisions

EZ 5Reduction: bloodstock not previously used for breeding in New Zealand: pre-1 August 2006

  1. This section applies to bloodstock that—

  2. was not used for breeding in New Zealand before 16 December 1991; and
    1. before a person (person A) acquired it, was not used for breeding in New Zealand by any other person, unless—
      1. the other person transferred the bloodstock to person A under a relationship agreement to which section FB 18 (Bloodstock) applies; or
        1. the other person and person A were companies in the same wholly-owned group at the time person A acquired the bloodstock from the other person; and
        2. section EC 39(1) or (2) (First income year in breeding business) applies to,—
          1. before 1 August 2006; or
            1. for an income year ending on or after 1 August 2006, if a requirement of paragraphs (a) to (c) of section EC 39(1) or (2) is first met before 1 August 2006.
            2. For the purposes of sections EC 39 and EC 40 (which relate to bloodstock), the reduction applying to the value of a stallion is 25% of the cost price of the stallion unless person A chooses to value the stallion by the reducing value method.

            3. When person A chooses to value the stallion by the reducing value method, the reduction applying to the value of the stallion is 37.5% of its cost price in the first income year and 37.5% of its opening value in each later income year. Person A must give notice to the Commissioner of their election in their return of income for the first income year.

            4. For the purposes of sections EC 39 and EC 40, the reduction applying to the value of a broodmare is calculated using the formula—

              1.25 × cost price of broodmare ÷ (15 − age of broodmare).

              Where:

              • In the formula in subsection (4), age of broodmare is—

              • 12 years of age; or
                1. the actual age in years, if the broodmare is 11 years of age or less at the end of the income year.
                  1. For the purposes of sections EC 39 and EC 40, the reduction applying to the value of a broodmare to which section EC 39(2) applies is calculated using the formula—

                    1.25 × cost price of broodmare ÷ (11 − age of broodmare).

                    Where:

                    • In the formula in subsection (6), age of broodmare is—

                    • 8 years of age; or
                      1. the actual age in years, if the broodmare is 7 years of age or less at the end of the income year.
                        Compare
                        Notes
                        • Section EZ 5(1)(b)(i): amended (with effect on 1 April 2008), on , by section 156(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                        • Section EZ 5 list of defined terms matrimonial agreement: repealed (with effect on 1 April 2008), on , by section 156(2)(a) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                        • Section EZ 5 list of defined terms relationship agreement: inserted (with effect on 1 April 2008), on , by section 156(2)(b) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).