Income Tax Act 2007

Timing and quantifying rules - Depreciation

EE 18B: Cost: some depreciable intangible property

You could also call this:

"What you paid for things that lose value over time, like patents and designs"

Illustration for Income Tax Act 2007

When you buy something that can lose value over time, like a patent or a design, you need to know its cost. The cost includes money you spent on things that help create or support it, if you spent that money on or after 7 November 2013. This rule applies to things like patents, plant variety rights, and design registrations, as mentioned in section EE 16. You must have spent the money on or after 7 November 2013 for some types of items. These items are things like patents and design registrations. You cannot claim the money you spent as a deduction under other rules. The cost of some intangible property, like industrial artistic copyright, is also included. You need to know what you can and cannot claim as a deduction. This helps you work out the cost of the item, as required by the rules in section EE 16.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6763702.

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Part ETiming and quantifying rules
Depreciation

EE 18BCost: some depreciable intangible property

  1. For the purposes of section EE 16 and this subpart, the cost to a person for an item of depreciable intangible property or a plant variety rights application (the amortising item) includes an amount of expenditure incurred by the person for an item of intangible property (the underlying item) if—

  2. the underlying item gives rise to, supports, or is an item in which the person holds, the amortising item; and
    1. the amount of expenditure is incurred by the person on or after 7 November 2013, if the amortising item is 1 of—
      1. a patent or a patent application with a complete specification lodged on or after 1 April 2005:
        1. plant variety rights:
          1. a plant variety rights application:
            1. a design registration:
              1. a design registration application:
                1. industrial artistic copyright; and
                2. the person is denied a deduction for the expenditure under a provision outside this subpart.
                  Notes
                  • Section EE 18B: inserted (with effect on 1 April 2011 and applying for the 2011–12 and later income years), on , by section 117(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                  • Section EE 18B: amended (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 118(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                  • Section EE 18B(b): replaced (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 118(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                  • Section EE 18B list of defined terms design registration: inserted (with effect on 1 April 2015), on , by section 118(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                  • Section EE 18B list of defined terms design registration application: inserted (with effect on 1 April 2015), on , by section 118(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                  • Section EE 18B list of defined terms industrial artistic copyright: inserted (with effect on 1 April 2015), on , by section 118(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).