Income Tax Act 2007

General collection rules - Withholding tax on resident passive income (RWT)

RE 15: Bonus issues in lieu and shares issued under profit distribution plans

You could also call this:

"Tax on bonus shares and profit distribution plans"

Illustration for Income Tax Act 2007

When you get a dividend that is a bonus issue or a share from a profit distribution plan, this section applies. You need to calculate the tax using a formula. The formula is the tax rate times the alternative amount plus the tax paid, minus the tax paid. You can find the tax rate in clause 5 of schedule 1, part D. The alternative amount is the money offered instead of the bonus issue or the amount offered for the share. The tax paid is the imputation credit or the foreign withholding tax. The tax rate, alternative amount, and tax paid are used to calculate the tax. You use these to work out how much tax you have to pay. This helps you understand how much tax you owe.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1520244.

This page was last updated on View changes


Previous

RE 14C: Non-cash dividends distributed through intermediaries, or

"Rules for foreign companies passing non-cash dividends through other groups"


Next

RE 16: Taxable Maori authority distributions, or

"Tax on money Maori authorities pay you"

Part RGeneral collection rules
Withholding tax on resident passive income (RWT)

RE 15Bonus issues in lieu and shares issued under profit distribution plans

  1. This section applies when a person makes a payment of resident passive income that consists of a dividend that is—

  2. a bonus issue in lieu:
    1. a share issued under a profit distribution plan.
      1. The amount of tax for the payment is calculated using the formula—

        (tax rate × (alternative amount + tax paid or credit attached)) − tax paid or credit attached.

        Where:

        • In the formula,—

        • tax rate is the basic rate set out in schedule 1, part D, clause 5 (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits):
          1. alternative amount is, as applicable,—
            1. the net amount of money offered as an alternative to the bonus issue before the amount of tax is determined; or
              1. for a share issued under a profit distribution plan, the net amount offered by the company for the reacquisition of the share before the amount of tax is determined:
              2. tax paid or credit attached is the total of the following amounts:
                1. if the dividend is paid in relation to shares issued by an ICA company, the amount of an imputation credit attached to the dividend:
                  1. if the dividend is paid in relation to shares issued by a company not resident in New Zealand, the amount of foreign withholding tax paid or payable on the amount of dividend.
                    Compare
                    Notes
                    • Section RE 15 heading: replaced (with effect on 1 October 2012), on , by section 148(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                    • Section RE 15(1): replaced (with effect on 1 October 2012), on , by section 148(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                    • Section RE 15(3)(a) tax rate: amended, on , by section 562 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
                    • Section RE 15(3)(b) alternative amount: replaced (with effect on 1 October 2012), on , by section 148(3) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                    • Section RE 15(3)(b)(ii): amended (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 242(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                    • Section RE 15(3)(c)(ii): amended, on , by section 269(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                    • Section RE 15(3)(c)(iii): repealed, on , by section 269(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                    • Section RE 15 list of defined terms Commissioner: inserted (with effect on 1 October 2012), on , by section 148(4) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                    • Section RE 15 list of defined terms FDP credit: repealed, on , by section 269(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                    • Section RE 15 list of defined terms profit distribution plan: inserted (with effect on 1 October 2012), on , by section 148(4) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                    • Section RE 15 list of defined terms RWT rules: inserted (with effect on 1 October 2012), on , by section 148(4) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).