Income Tax Act 2007

Memorandum accounts - General provisions

OA 2: Memorandum accounts

You could also call this:

“Records of tax credits and debits for different accounts”

This part of the Income Tax Act 2007 talks about memorandum accounts. These are special records that keep track of credits and debits for different types of accounts. Here’s what you need to know:

There are several types of memorandum accounts:

  1. An imputation credit account
  2. A branch equivalent tax account
  3. An available subscribed capital (ASC) account
  4. A Maori authority credit account

These accounts keep a record of credits and debits that happen in them. They are usually kept for each tax year and continue for future tax years, unless the law says otherwise.

Each account has a table that shows:

  • What counts as credits and debits
  • When these credits and debits happen
  • Where to find more information about them in the law

The Commissioner of Inland Revenue can change the amount of a credit or debit, or when it happened, if they think it’s not correct. If this happens, you can challenge their decision through a special process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1518635.

Topics:
Money and consumer rights > Taxes

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OA 1: What this Part does, or

“This part explains how to keep track of tax credits and debits in special accounts”


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OA 3: General rules for maintaining memorandum accounts, or

“Rules for tracking money in and out of special tax accounts”

Part O Memorandum accounts
General provisions

OA 2Memorandum accounts

  1. The following accounts are dealt with in this Part:

  2. an imputation credit account, see subparts OB and OP:
        1. a branch equivalent tax account, see subpart OE:
          1. an available subscribed capital (ASC) account, see subpart OF:
              1. a Maori authority credit account, see subpart OK.
                1. A memorandum account is an account listed in subsection (1) that provides a record of the credits and debits arising in the account.

                2. A memorandum account is maintained for a tax year and each subsequent tax year unless a provision in this Part expressly states otherwise.

                3. The credits and debits that arise in a memorandum account are listed in tables in each of the subparts. The tables—

                4. state the credits and the debits; and
                  1. provide the credit dates and the debit dates; and
                    1. refer to the section that fully defines the credits and debits, and their credit dates and debit dates.
                      1. The Commissioner may issue a determination under section 104B of the Tax Administration Act 1994 adjusting the amount of a credit or debit, or a credit date or debit date recorded in a memorandum account if the Commissioner considers the amount or date is not correct. The determination may be reviewed in challenge proceedings under Part 8A of that Act.

                      Compare
                      Notes
                      • Section OA 2(1)(b): repealed, on , by section 176(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                      • Section OA 2(1)(c): repealed (with effect on 1 July 2011 and applying for income years beginning on or after that date), on , by section 81(1) of the Taxation (International Investment and Remedial Matters) Act 2012 (2012 No 34).
                      • Section OA 2(1)(d): amended, on (applying for income years beginning on or after that date), by section 81(2) of the Taxation (International Investment and Remedial Matters) Act 2012 (2012 No 34).
                      • Section OA 2(1)(f): repealed, on , by section 372(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
                      • Section OA 2(3): amended, on (with effect on 1 April 2008), by section 167 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                      • Section OA 2 list of defined terms FDP account: repealed, on , by section 176(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                      • Section OA 2 list of defined terms policyholder credit account: repealed, on , by section 176(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).