Plain language law

New Zealand law explained for everyone

Plain Language Law homepage
RE 16: Taxable Maori authority distributions
or “Tax on money or benefits you receive from a Maori authority”

You could also call this:

“How to calculate tax on payments replacing share income in lending arrangements”

When you make a payment that replaces income from shares in a share-lending arrangement, you need to calculate the tax on this payment. This is called a replacement payment.

To work out the tax, you use a special formula. The formula takes into account the tax rate, the amount of the payment, and any credits that are attached to it.

The tax rate used in the formula is set by the government. The payment amount doesn’t include any extra credits that might be attached to it. There are two types of credits that can reduce the tax: an imputation credit attached to the payment, and a credit shown on a transfer notice.

You can find more details about the tax rate in schedule 1, part D, clause 5. Information about imputation credits is in section OB 64.

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 It might be out of date or be missing some parts.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


Next up: RE 18: Payments made by RWT proxies

or “How to calculate tax on dividend payments when acting as an RWT proxy”

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

RE 17Replacement payments under share-lending arrangements

  1. This section applies when a person makes a payment of resident passive income that consists of a replacement payment under a share-lending arrangement.

  2. The amount of tax for the payment is calculated using the formula—

    (tax rate × payment ÷ (1 − tax rate)) − credit attached − credit transferred.

    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. payment is the amount of the replacement payment excluding an imputation credit attached under section OB 64 (Replacement payments):
        1. credit attached is the amount of an imputation credit attached to the replacement payment under section OB 64:
          1. credit transferred is the amount of an imputation credit shown in a credit transfer notice relating to the replacement payment.
              Compare
              Notes
              • Section RE 17(2) formula: replaced, on , by section 270(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
              • Section RE 17(3)(a) tax rate: amended, on , by section 562 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
              • Section RE 17(3)(d): amended, on , by section 270(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
              • Section RE 17(3)(e): repealed, on , by section 270(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
              • Section RE 17 list of defined terms FDP credit: repealed, on , by section 270(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).