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 interest from lending money with inflation protection"

Illustration for Income Tax Act 2007

You pay interest on money you lend. The person paying you interest must take out some tax. They take out the smaller of two amounts of tax. One amount is the interest payment after taking out some tax, as stated in section RE 12. You use a formula to work out the other amount of tax. The formula is the capital value increase times the tax rate. The capital value increase is the difference between the current and previous interest payments. The tax rate is the basic rate set out in schedule 1. The current coupon payment is the amount payable for the money lent. It is determined by a fixed relationship to one or more indices of general price inflation in New Zealand. The previous coupon payment is the amount payable before the current payment. If there has been no previous payment, it is the face value of the instrument.

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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).