Part 3Information, record-keeping, and returns
Returns: Returns and return dates
44CCertificates about trees
The question whether trees are ornamental or incidental arises under the following provisions of the Income Tax Act 2007:
- section CB 25:
- section EB 24:
- sections FB 6 and FB 7:
- sections GC 1 and GC 2.
A certificate as to whether trees are ornamental or incidental provides conclusive evidence on the question if it is given by—
- a properly authorised officer of the Ministry of Agriculture and Forestry; or
- any other person suitably qualified to give a certificate.
The question whether trees are planted mainly for the purposes of timber production arises under the definitions of listed horticultural plant and non-listed horticultural plant in section YA 1 of the Income Tax Act 2007 and under Schedule 20, Part A, item 9 of that Act.
A certificate as to whether trees are planted mainly for the purposes of timber production provides conclusive evidence on the question if it is given by—
- a properly authorised officer of the relevant regional council; or
- a properly authorised officer of the Ministry of Agriculture and Forestry; or
- any other person suitably qualified to give a certificate.
Compare
- ss CJ 1(3), DO 4(5)
Notes
- Section 44C: inserted, on (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
- Section 44C(1): replaced, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).
- Section 44C(2)(a): amended, on , pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).
- Section 44C(2)(a): amended, on , pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).
- Section 44C(3): amended (with effect on 1 April 2008), on (applying for 2008–09 and later income years), by section 135(1) of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
- Section 44C(3): amended, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).


