Income Tax Act 2007

Memorandum accounts - Imputation credit accounts (ICA)

OB 42: ICA on-market cancellation

You could also call this:

“Company gets tax debit when buying back its own shares on the market”

When a company that keeps an imputation credit account buys back its own shares in the market, it gets an imputation debit. This debit is calculated using a special formula.

The formula uses two main parts: the ‘ASC per share excess’ and the ‘tax rate’. The ASC per share excess is the amount of money given out that’s more than the available subscribed capital per share. The tax rate is the basic income tax rate for that tax year.

If you use the formula and get a negative number, the debit is counted as zero instead. The debit happens on the day the company buys the shares.

This debit is listed in a table of imputation debits. It’s in row 15, called ‘on-market cancellation’.

You can find the current basic tax rate in schedule 1, part A, clause 2 of the Income Tax Act. This schedule talks about basic tax rates for different types of taxes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1518793.

Topics:
Money and consumer rights > Taxes

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Part O Memorandum accounts
Imputation credit accounts (ICA)

OB 42ICA on-market cancellation

  1. When an ICA company acquires its shares in an on-market cancellation, it has an imputation debit for an amount calculated using the formula—

    ASC per share excess × tax rate ÷ (1 − tax rate).

    Where:

    • In the formula,—

    • ASC per share excess is the amount distributed on the on-market cancellation that is more than the amount of the available subscribed capital per share calculated under the ordering rule:
      1. tax rate is the basic rate of income tax set out in schedule 1, part A, clause 2 (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits) for the tax year in which the acquisition occurs.
        1. The imputation debit in subsection (1) is referred to in table O2: imputation debits, row 15 (on-market cancellation).

        2. If the formula produces a negative result, the debit is treated as zero.

        3. The debit date is the day the shares are acquired by the company in the on-market cancellation.

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        Notes
        • Section OB 42(1) formula: amended, on , by section 498(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
        • Section OB 42(2)(b): substituted, on , by section 498(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).