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  • kyotolaw
    Opinionated
    • Feb 2009
    • 212

    #1

    Budget is here...

    From the govt's website http://www.taxguide.govt.nz/index.html

    Budget 2010 tax changes - at a glance

    • Rewards effort and helps families get ahead
    • Attracts and retains skilled people in New Zealand
    • Encourages savings and productive investment
    • Makes the tax system fairer
    • At all taxable income levels, tax cuts more than offset the GST rise

    The tax package comprises:
    • All personal income tax rates will be cut from 1 October 2010.

      Income Current Rates
      New rates
      $0 - $14,000 12.5% 10.5% $14,001 - $48,000
      21.0% 17.5% $48,001 - $70,000
      33.0% 30.0% Over $70,000
      38.0% 33.0%
    • After-tax earned incomes at all levels of taxable income will rise by more than the increase in GST.
    • Secondary tax and resident withholding tax rates will be reduced from 1 October 2010, to align with the new personal tax rates.
    • Individuals and families can work out how Budget 2010 tax changes personally affect them at www.taxguide.govt.nz

    An increase in GST to encourage savings over consumption
    • GST will be increased from 12.5 per cent to 15 per cent from 1 October 2010.
    • Income support and other payments will be increased by 2.02 per cent from 1 October 2010, to compensate for this increase. These payments include:
      • All main benefits, Student Allowances and a number of supplementary benefits.
      • NZ Superannuation, Veterans Pension and CPI-adjusted Government Superannuation Fund and National Provident Fund payments.
      • Working for Families (Family Tax Credit and Minimum Family Tax Credit).


    Reductions in tax for companies and savings vehicles to encourage investment and savings
    • The company tax rate will fall from 30 per cent to 28 per cent from the 2011/12 income year.
    • The top tax rate for most portfolio investment entities (PIEs) will fall from 30 per cent to 28 per cent, while the other PIE rates drop to align with the new personal tax rates, from 1 October 2010.
    • The tax rate for life insurance policy holders and widely-held savings vehicles like unit trusts and superannuation funds will fall from 30 per cent to 28 per cent from the 2011/12 income year.

    Changes to depreciation rules to better reflect asset value reality
    • No depreciation deductions will be allowed for buildings with an estimated useful life of 50 years or more (such as rental housing and office buildings) from the 2011/12 income year.
    • The current 20 per cent depreciation loading on new plant and equipment will be removed, for assets purchased after Budget day.
      Stricter tax rules for foreign multinationals to reduce their ability to minimise tax payments in New Zealand.
    • Tax rules will change from the 2011/12 income year to reduce the interest deductions foreign multinationals can take by having high levels of debt allocated to their New Zealand subsidiaries.

    Changes to loss attributing qualifying company (LAQC) and qualifying company (QC) rules to ensure investors are taxed at the correct rate
    • LAQC and QC rules will be tightened from income years starting on or after 1 April 2011 to prevent people choosing to have losses deducted at their marginal personal tax rate but profits taxed at the lower company tax rate.

    Making Working for Families fairer
    • People will no longer be able to use investment losses, including from rental properties, to reduce their income and become eligible for Working for Families, from 1 April 2011.
    • One part of the formula that adjusts Working for Families payments for inflation will be amended because it currently gives higher-income families a greater proportional increase than lower-income families.

    Tackling tax avoidance and improving the integrity of the tax system
    • IRD will get a significant funding boost to increase its audit and compliance activity around debt collection, the hidden economy and property transactions.
    • GST rules will be changed to stop the use of “phoenix” GST fraud schemes.

    Questions and Answers

    Q. How much does the tax package cost?

    A. The tax package is fiscally neutral to the Government over the medium term. Costs in the first year are $460 million, but that is simply a timing issue around when different measures can be implemented. The package is revenue positive by the final year of the forecast period, as set out below.

    Costs ($m)
    2010/11
    2011/12
    2012/13
    2013/14
    Total
    Personal tax cuts
    -2,455 -3,685
    -3,935
    -4,255
    -14,330
    Compensation for GST increase
    -420 -585
    -610
    -620
    -2,235
    Companies, PIES, etc to 28%
    -35 -380
    -505
    -365
    -1,285
    IRD implementation costs
    -10 0
    0
    0
    -10
    Total costs
    -2920 -4,650
    -5,050
    -5,240
    -17,860
    Revenue raising & savings ($m)
    GST to 15% (excluding clawback)
    1,590 2,235 2,345 2,460
    8,630 Tax clawback
    450 605
    640
    700
    2,395
    GST base maintenance
    15 60 60 60 195
    Changes to depreciation rules
    140 605 1,000
    1,045
    3,120
    Changes to LAQC rules
    0 70 65 55 190 Thin cap threshold to 60%
    0 200
    200
    200
    600
    Changes to Working for Families
    5 40 75 65 185 Increase in tobacco excise
    135 180
    210
    190
    715
    Increased audit/compliance activity
    120 210 210 205 745 Total revenue raising & savings ($m)
    2,455 4,535
    4,805 4,980
    16,775
    Estimated macroeconomic effects
    5
    25
    205
    435
    670
    NET IMPACT ($M)
    -460
    -90
    -40
    175
    -415

    Q. Why is the compensation set at 2.02 per cent when GST is going up by 2.5 per cent?

    A. We have been advised by both Statistics New Zealand and the Treasury that the expected increase in the Consumer Price Index as a result of increasing GST is about 2 per cent. That is based on prices on items covered by GST going up by 2.22 per cent, but only about 91 per cent of spending on goods and services is on items that incur GST.
    Q. How much does the tax package boost the economy?

    A. Treasury’s economic models are able to build in some, but not all, of the effects of the tax package on the economy. It estimates the package will increase the size of the economy by about 0.9 percent, spread over seven years.

    Q. Doesn’t the tax package just favour high-income people?


    A. Not at all. Higher-income earners get the most benefit from income tax cuts, but they also bear most of the cost of other changes such as those around depreciation.

    The overall result is the tax package has a broadly even impact across household groups defined by income.

    Impact of the tax package as a percentage of average disposable income, by bands of household incomes:

    Less than $40,000
    $40,000 to $85,000
    Over $85,000
    Personal income tax
    0.9% 2.8%
    4.2%
    GST -2.5%
    -2.5% -2.6% Compensation via income support
    2.6% 0.6% 0.1% Other measures in the package
    -0.3% -0.5% -1.0% Net impact
    0.7% 0.4%
    0.7%


    In addition, aligning the top tax rate with the trust tax rate at 33 per cent ensures wage earners in the top tax bracket like many high-school teachers, nurses and police no longer pay a higher rate of tax than wealthy individuals who have been able to structure their affairs to effectively select the tax rate they want. A recent IRD survey of the 100 wealthiest New Zealanders found only half were paying the top tax rate.

    It also helps attract and retain these skilled New Zealanders, who might otherwise look for better opportunities overseas.

    While higher income earners receive larger income tax reductions, they also bear the impact of most of the tax base broadening. The table below estimates the impact of the tax package on households at different income levels. The net gains are distributed broadly proportionally across household income groups.




    Where possible, the static fiscal impacts for the 2011/12 year have been allocated to three household income bands. Where the main impact of a tax measure is on companies or trusts, the allocation to households reflects current dividend payment patterns.

    Some of the impact of the tax package (eg, changes to thin capitalisation rules and some proportion of the changes to the company tax rate and depreciation rules) has been allocated to non-residents and so is not shown here.

    The allocations are based on Household Economic Survey and Survey of Family, Income and Employment data sourced from Statistics New Zealand.
    Q. How much of the tax package goes to middle-income earners?

    A. Looking at the collective impact of all tax cuts since 1996 - including Budget 2010 and excluding Working for Families – it is clear that low and middle income earners have been the big winners.

    After the Budget 2010 changes, workers earning between $15,000 and $50,000 a year are now paying between 40 and 50 per cent less tax than they were in 1996. The proportionate gains then fall away for people on higher incomes.



    This chart shows only changes to personal income tax rates including the Low Income Rebate, which was an integral part of the tax scale from the 1980s until 2008, and the Independent Earner Tax Credit, introduced in 2009.
  • The_General
    Freshie
    • Jan 2005
    • 39

    #2
    Budget 2010: Biggest tax overhaul in 25 years

    Budget 2010 is all about tax, with the Government this afternoon unveiling what it says is the biggest overhaul to the New Zealand tax system in 25 years.

    And it's promising the "vast majority" of New Zealanders will be better off as a result.

    All personal tax rates will be cut from October 1, GST is being raised to 15pc, company tax will be cut next year and loopholes favouring property investment are being closed.

    A "typical family" - with two children and an average household income of $76,000 will be about $25 a week better off, said Finance Minister Bill English.

    A person on the average annual wage of around $50,000 will get an income tax cut of about $29 a week. After the GST increase is taken into account, this will fall to an extra $15 a week, if they pay an average rent or mortgage.

    English said the reforms, which go further than some predictions, by including a cut in the tax rates of middle income earners, will make the New Zealand tax system fairer.


    Today's Budget includes these key points:

    - GST increases from 12.5pc to 15pc

    - Company tax rates fall from 30pc to 28pc

    - All income tax brackets fall, with the top rate levied on income over $70,000 per year coming down from 38pc to 33pc.

    - Landlords and businesses will no longer be able to claim depreciation on buildings that are expected to increase in value.

    - Rules around 'loss attributing qualifying companies' often used by property investors to reduce their tax payments are being tightened.


    - All benefits including NZ Super and working for families will increase by 2.02pc to compensate for the increase in GST

    - An extra $2.1bn is being spent on health over the next four years, which includes $1.7bn of new operating funding.

    - Funding for schools is going up by $1.4bn over the next four years, which includes $350m in new operating and capital funding for school property.


    Latest breaking news articles, photos, video, blogs, reviews, analysis, opinion and reader comment from New Zealand and around the World - NZ Herald
    Last edited by The_General; 20-05-2010, 02:26 PM.

    Comment

    • CJ
      Fanatical
      • Oct 2003
      • 3570

      #3
      A good budget:

      Income tax cuts
      GST increase
      No deprecation on buildings
      no ring fencing (that I can see)
      no significant impact on LAQC's (that I can see)
      WfF improved.

      Comment

      • drelly
        Fanatical
        • Jan 2004
        • 5838

        #4
        LAQC and QC rules will be tightened from income years starting on or after April, 2011 to prevent people choosing to have losses deducted at their marginal personal tax rates but profits taxed at the lower company tax rate.
        How will that work???
        You can find me at: Energise Web Design

        Comment

        • CJ
          Fanatical
          • Oct 2003
          • 3570

          #5
          Budget 2010: No depreciation on commercial, rental property
          2:23 PM Thursday May 20, 2010

          Owners of commercial buildings and rental houses will no longer be able to claim depreciation on them.

          The budget released today also removes a 20 per cent depreciation loading on new plant and equipment purchased after budget day.

          The two depreciation measures were suggested in the Tax Working Group report and the subject of speculation going into the budget.

          They together boost the Government accounts by about $1 billion a year and are among the big items not disclosed before the budget release.

          The move to deny depreciation deductions for buildings, such as rental housing and office buildings with a useful life of 50 years or more, takes effect from the start of the 2010/2011 income year.

          Finance Minister Bill English and Revenue Minister Peter Dunne said the moves would help rebalance the economy toward productive investment.

          "This will reduce the incentive for people to buy rental property purely for tax reasons," Mr English said.

          He said depreciation rates were high and it made no sense to allow depreciation on buildings which appreciate in value.

          Click here

          Mr English expected the changes to have only a mild impact on rents. Treasury estimated they could rise by 1.5 per cent over three to four years because of the changes.

          "We will have to wait and see how the property market reacts," he said.

          The budget also changes rules for so-called qualifying companies (QC) loss-attributing qualifying companies (LAQC) from April 2011, so that both profits and losses flow through from them.

          "Changes to LAQCs and QCs to make them flow-through entities for tax purposes will reduce the opportunities for tax structuring," Mr English said.

          The changes to depreciation rules will hurt listed property trusts. Ahead of the budget ING Property Trust said uncertainty about tax policy on property was affecting the value of its property portfolio. Mr English said the uncertainty was now removed.

          The budget also prevents property investors from using rental losses to inflate Working for Families from April 1, 2011.
          Latest breaking news articles, photos, video, blogs, reviews, analysis, opinion and reader comment from New Zealand and around the World - NZ Herald
          Last edited by Marc; 20-05-2010, 03:04 PM.

          Comment

          • drelly
            Fanatical
            • Jan 2004
            • 5838

            #6
            Treasury estimated they could rise by 1.5 per cent over three to four years because of the changes.
            Hahahaha.... now that is funny.
            You can find me at: Energise Web Design

            Comment

            • CJ
              Fanatical
              • Oct 2003
              • 3570

              #7
              Originally posted by drelly View Post
              How will that work???
              From my reading there will be no difference between LAQC's and QC's.

              With a LAQC, losses currently flow through but profits dont. Going forward, both PROFITs and losses will flow through.

              What this will stop is when you LAQC flips into profit, you will now pay tax on it at your marginal rate rather than the company tax rate (now down to 28%).

              Comment

              • cube
                Thinking outside the square.
                • Jun 2005
                • 5076

                #8
                Originally posted by drelly View Post
                How will that work???

                Profits from an LAQC will be treated as though they have been distributed to the shareholders, and then taxed at the shareholder's marginal rate (like a limited partnership).

                Kids, come here............wanna 'buy' some shares ....... !?
                DFTBA

                Comment

                • Keithw
                  Fanatical
                  • Oct 2008
                  • 1410

                  #9
                  But isnt the whole idea of having an LAQC that it is expected to make a loss. And when it gets to the point of making a profit, it either buys another property, or sells what it has to a Trust ?

                  So if trust tax is 33% you have a choice to keep the LAQC & pay 30% personal rate, or sell to trust which has 33% rate which may be same as personal high rate.

                  maybe now they will be sold to a normal company for a 28% rate
                  Last edited by Keithw; 20-05-2010, 02:52 PM.
                  Food.Gems.ILS

                  Comment

                  • cube
                    Thinking outside the square.
                    • Jun 2005
                    • 5076

                    #10
                    In addition, the Government is not convinced that all buildings actually depreciate.

                    It is clear that some do. But many New Zealanders live happily in houses constructed
                    over 100 years ago.


                    Allowing tax deductions for depreciation provides an unfair tax advantage for these
                    assets.

                    Accordingly, the depreciation rate for most buildings with an expected life of 50 years or
                    more will be set to zero from the start of the 2011/12 income year.

                    Those buildings where the current depreciation schedule is consistent with a useful life of less than 50 years will be unaffected.

                    Building owners who believe that, under these rules, a class of buildings should qualify for
                    depreciation, may seek a provisional rate from Inland Revenue as they do at present.

                    Following the Budget, the treatment of commercial building fitout will be reviewed and if
                    necessary amended prior to 1 April 2011 to clarify the law on the split between buildings
                    which will not be depreciable and separate assets which will continue to be depreciable.
                    Taxpayers will, of course, still be able to claim deductions for repairs and maintenance.
                    My emphasis - not without maintenance they don't!
                    DFTBA

                    Comment

                    • kyotolaw
                      Opinionated
                      • Feb 2009
                      • 212

                      #11
                      That profits flow through, along with the elimination of depreciation is going to create some interesting scenarios...

                      Comment

                      • G Lin
                        Freshie
                        • May 2010
                        • 35

                        #12
                        "No deprecation on buildings"

                        The biggest change I would see is for positive cash flow properties, both residential and commercial.

                        Before the Budget, we can use building depreciation to offset +ve cash flow, hence minimise the tax paid to IRD.

                        Now with building depreciation removed, a big chunk of 'expense' is removed, hence more 'profit' from the +ve cash flow, and hence more tax paid to IRD.

                        The biggest looser is the commercial building section, because the building depreciation are larger in comparison to residential.

                        I expect all rents to go up as a result to compensate for increase in tax, especially in the commercial sector once the economy recovers.

                        Comment

                        • cube
                          Thinking outside the square.
                          • Jun 2005
                          • 5076

                          #13
                          Originally posted by Keithw View Post
                          But isnt the whole idea of having an LAQC that it is expected to make a loss. And when it gets to the point of making a profit, it either buys another property, or sells what it has to a Trust ?
                          Shares get transferred to a trust, avoiding depreciation clawback (ha!) and conveyancing costs.

                          Profits acrue to Trust and get taxed at 33%., rather than being retained by company.

                          However, LAQC is an option isn't it, that can be removed at the request of the shareholders?
                          DFTBA

                          Comment

                          • cube
                            Thinking outside the square.
                            • Jun 2005
                            • 5076

                            #14
                            Originally posted by G Lin View Post
                            "No deprecation on buildings"

                            The biggest change I would see is for positive cash flow properties, both residential and commercial.

                            Before the Budget, we can use building depreciation to offset +ve cash flow, hence minimise the tax paid to IRD.

                            Now with building depreciation removed, a big chunk of 'expense' is removed, hence more 'profit' from the +ve cash flow, and hence more tax paid to IRD.

                            The biggest looser is the commercial building section, because the building depreciation are larger in comparison to residential.

                            I expect all rents to go up as a result to compensate for increase in tax, especially in the commercial sector once the economy recovers.
                            Do many commercial buildings have a expected life > 50 years when built nowadays?
                            DFTBA

                            Comment

                            • kyotolaw
                              Opinionated
                              • Feb 2009
                              • 212

                              #15
                              @G Lin - with Auckland CBD vacancies at 14% and rising, I think that it will be a long while before rents recover here...

                              Comment

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