Income Tax Act 2007

Income - Income from holding property (excluding equity)

CC 15: New investment assets: change of use

You could also call this:

"What happens to your tax if you change how you use an investment asset"

Illustration for Income Tax Act 2007

If you have an investment asset and you claimed a deduction for it under section DI 5, you need to know what happens if you change how you use the asset. This change can affect how much of the asset's use you can deduct. You use the rules in subpart DA to work out the deductible use.

If you change the use of the asset, you might have to pay some income back. You work out how much income you have by using a formula. The formula is based on how you used the asset before and how you use it now.

You use the same formula to work out if this section applies to you. If the result is less than 25%, this section does not apply. You can find the formula by subtracting the new use divided by the previous use from 1.

If this section does apply, you have to pay income based on the deduction you claimed under section DI 5. You use the formula to work out how much income you have. The formula is the section DI 5 deduction minus the new use divided by the previous use times the section DI 5 deduction.

In the formulas, "new use" is the new percentage of deductible use under subpart DA for the asset. "Previous use" is the previous percentage of deductible use under subpart DA for the asset. "Section DI 5 deduction" is the amount of the deduction under section DI 5 for the previous use.

If the asset is depreciable property, the amount of income you have to pay increases the asset's adjusted tax value for the purposes of section EE 48(1)(a).

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1446135.


Previous

CC 14: NZ IFRS 16 leases, or

"Calculating income from IFRS leases"


Next

CD 1: Dividend, or

"How dividends are treated as income and when they're counted for tax purposes"

Part CIncome
Income from holding property (excluding equity)

CC 15New investment assets: change of use

  1. This section applies if a person that has deducted an amount for a new investment asset under section DI 5 (New investment asset deduction) subsequently changes the use of the asset such that the percentage of deductible use of the asset under subpart DA (General rules) would change, applying apportionment to the permissions and limitations applicable for section DI 5.

  2. This section does not apply if, for the asset, the amount given by the following formula, expressed as a percentage, is less than 25%:

    1 − (new use ÷ previous use).

    Where:

    • The person has, for the asset, an amount of income equal to the amount calculated by the following formula:

      DI 5 deduction − (new use ÷ previous use × DI 5 deduction).

      Where:

      • In the formulas in subsections (2) and (3),—

      • new use is the new percentage of deductible use under subpart DA for the asset, applying apportionment to the permissions and limitations applicable for section DI 5, expressed as a decimal:
        1. previous use is the previous percentage of deductible use under subpart DA for the asset, applying apportionment to the permissions and limitations applicable for section DI 5, expressed as a decimal:
          1. DI 5 deduction is—
            1. the amount of the deduction under section DI 5 for the previous use, if subparagraph (ii) does not apply:
              1. the amount given by the terms in the round brackets in the formula in subsection (3) the previous time this section applied to the asset, if this section previously applied to the asset.
              2. For an item that is depreciable property, the amount of income under subsection (3) increases the item’s adjusted tax value for the purposes of section EE 48(1)(a) (Effect of disposal or event).

              Notes
              • Section CC 15: inserted (with effect on 22 May 2025), on , by section 4 of the Taxation (Budget Measures) Act 2025 (2025 No 26).