Income Tax Act 2007

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

RE 18B: Capital value increase under inflation-indexed instruments: RWT cap

You could also call this:

"Tax on money lent with inflation protection has a limit"

Illustration for Income Tax Act 2007

When you lend money under an inflation-indexed instrument, the payer must withhold tax. They must pay the lesser of two amounts to the Commissioner. The first amount is the interest payment after withholding tax under section RE 12. The second amount is calculated using a formula. The formula is the capital value increase multiplied by the tax rate. The tax rate is set out in clause 3 or 4 of schedule 1, part D. The capital value increase is the difference between the current and previous coupon payments. The current coupon payment is the amount payable for the money lent, based on inflation in New Zealand. The previous coupon payment is the amount payable before the current payment, or the face value if there was no previous payment.

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

RE 18BCapital value increase under inflation-indexed instruments: RWT cap

  1. For an interest payment under an inflation-indexed instrument, the payer is obliged, in addition to withholding under section RE 12, to withhold and pay to the Commissioner the lesser of the following amounts of tax:

  2. the net amount of the interest payment (the current coupon payment) remaining after the withholding of RWT under section RE 12:
    1. the amount given by the formula in subsection (2).
      1. The formula for the purposes of subsection (1)(b) is:

        CV increase × tax rate.

        Where:

        • In the formula in subsection (2),—

        • CV increase is the amount calculated under the formula in subsection (4), if it is positive:
          1. tax rate is the basic rate set out in schedule 1, part D, clause 3 or 4 (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits).
            1. The formula for the purposes of subsection (3)(a) is:

              CV current coupon payment − CV previous coupon payment.

              Where:

              • In the formula in subsection (4),—

              • CV current coupon payment is an amount that is or will be payable for the money lent under the instrument, to the extent to which the amount has accrued at the time of the current coupon payment and the amount is determined by a fixed relationship to 1 or more indices of general price inflation in New Zealand:
                1. CV previous coupon payment is—
                  1. an amount that is or will be payable for the money lent under the instrument, to the extent to which the amount has accrued at the time of the interest payment before the current coupon payment and the amount is determined by a fixed relationship to 1 or more indices of general price inflation in New Zealand; or
                    1. the face value of the instrument, if there has been no interest payment before the current coupon payment.
                    Notes
                    • Section RE 18B: inserted, on , by section 142 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
                    • Section RE 18B(1) heading: inserted (with effect on 30 June 2014), on , by section 226 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).