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Income Tax Act 2007

Schedule 14: Depreciable intangible property

You could also call this:

“Things you can claim tax deductions on that aren't physical property”

This schedule lists different types of intangible property that can be depreciated for tax purposes. It includes rights to use various intellectual properties like copyrights, patents, and trademarks. You can also depreciate the right to use land, plant, or machinery.

The list also covers special rights granted under different laws. For example, you can depreciate management rights created under the Radiocommunications Act 1989 and certain consents given under the Resource Management Act 1991. These consents are for activities that would usually not be allowed.

Other depreciable items include copyrights in sound recordings (if you made or bought them after 1 July 1997 and sold copies to the public), plant variety rights, design registrations, and industrial artistic copyright. Some of these rights apply not just in New Zealand, but also in other countries.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1523348.

Topics:
Money and consumer rights > Taxes
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Schedule 13: Depreciable land improvements, or

“List of land-based structures and facilities that can be claimed as tax deductions due to wear and tear”

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Schedule 15: Excepted residential land, or

“Types of land not considered residential for tax purposes”

14Depreciable intangible property

  • the right to use a copyright
    1. the right to use a design or model, plan, secret formula or process, or other like property or right
      1. a patent or the right to use a patent
        1. a patent application with a complete specification lodged on or after 1 April 2005
          1. the right to use land
            1. the right to use plant or machinery
              1. the copyright in software, the right to use the copyright in software, or the right to use software
                1. the right to use a trademark
                  1. management rights and licence rights created under the Radiocommunications Act 1989
                    1. a consent granted under the Resource Management Act 1991 to do something that otherwise would contravene sections 12 to 15B of that Act (other than a consent for a reclamation), being a consent granted in or after—
                      1. the 1996–97 tax year, if the consent relates to sections 12 to 15 of that Act; or
                        1. the 2014–15 income year, if the consent relates to sections 15A and 15B of that Act
                        2. the copyright in a sound recording, if the copyright was produced or acquired by the taxpayer on or after 1 July 1997, and copies of the recording have been sold or offered for sale to the public
                          1. plant variety rights granted under the Plant Variety Rights Act 2022 or similar rights given similar protection under the laws of a country or territory other than New Zealand
                            1. a right to use plant variety rights granted under the Plant Variety Rights Act 1987 or a similar right under the laws of a country or territory other than New Zealand
                              1. a design registration
                                1. a design registration application
                                  1. industrial artistic copyright

                                      1. Notes
                                      • Schedule 14 item 10: replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                      • Schedule 14 item 11: 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).
                                      • Schedule 14 item 12: amended, on , by section 159 of the Plant Variety Rights Act 2022 (2022 No 61).
                                      • Schedule 14 item 14: inserted (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 238(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                                      • Schedule 14 item 15: inserted (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 238(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                                      • Schedule 14 item 16: inserted (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 238(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).