! " # # $ Imputation Credit Account

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1 ! " # # $ As balance date for many taxpayers fast approaches we thought it an opportune time to remind you all of year end procedures and issues which need to be considered prior to or as part of year end accounts. These are as follows: Imputation Credit Account The imputation year finishes on 31 March for all companies irrespective of what their actual balance date is. You should be reminding clients to review their imputation account balance to ensure that it is either a nil or credit balance at year end. If the imputation account is in debit balance this will create a 10% imputation penalty, which is not treated as a "tax payment" for income tax purposes. If there is a debit balance you will need to consider bringing forward tax payments such as paying terminal tax due on 7 April 2003 forward to 31 March 2003 or earlier. Fixed Assets and Depreciation You should remind clients to do a "stock take" of fixed assets at year end with a view to determining whether the fixed assets listed on the depreciation schedules actually exist. Where assets are no longer being used application can be made to the IRD to write off the book value in that year. Where assets have been disposed of or simply no longer exist, a loss on disposal can also be claimed. Trading Stock % &'()) % Taxpayers should be undertaking a valuation of trading stock at year end. Trading stock is generally valued at the lower of cost or market selling value (if lower). Note that there is new legislation which allows taxpayers with less than $5,000 of closing stock to adopt the opening stock figure as the closing stock figure tax purposes. You will NSA on Tax Newsletter March 2003 P1/5

2 need to consider the accounting implications, if any, of not correctly recording closing stock in the financial statements. Bad Debts Taxpayers and clients should be reviewing their debtor's ledger to determine which debts are bad. These debts need to be written off prior to year end to enable a tax deduction to be claimed. Just because a bad debt is actually written off this does not mean that taxpayers can no longer pursue recover of that debt. QCs/LAQCs Election into the QC regime (other than in the case of new companies) usually involves a lead in time of up to one year. Where an election is made, it generally takes effect from the first day of the following income year. Given the proximity to 31 March, there is currently a very short lead in time for electing into the QC regime. You need to be mindful of the advantages and disadvantages of electing into the QC regime such as forfeiture of losses, shareholders having to guarantee the tax debt of the company and qualifying company election tax. You should also consider whether existing QC/LAQC s should remain in the qualifying company regime. Generally, an election out of the QC regime is effective from the first day of the income year in which that election is made, unless a later income year is specified in the notice. There may be circumstances where it is appropriate to elect out of the QC regime, for instance, where the company has struck financial difficulties during the year and may no longer be in a position whereby it can meet its tax liabilities. As the QC regime requires shareholders to guarantee the tax debt, it may be appropriate in such cases to elect out of the QC regime. *(&+(,-.- We have received many calls from Chartered Accountants and clients recently wanting clarification of the quantum of losses to include in their 2002 income tax returns in relation to the Route 9 Production Partnership. At this point, we are advising clients they should file returns without claiming losses and then to issue a Notice of Proposed Adjustment once the losses are confirmed. At present we are awaiting action from Daybreak Pacific Limited before these returns can be completed. In the meantime, if you have any questions regarding Route 9 Production Partnership you should contact Grant Bradley of Daybreak Pacific Ltd directly. *(&+.&*'" NSA on Tax Newsletter March 2003 P2/5

3 /"00 The Governments of New Zealand and Australia recently confirmed that the new tax agreement aimed at providing relief for Trans Tasman investment would come into force soon. Triangular tax relief is intended to apply from 1 April 2003, however, because the legislation will not be passed until sometime later this year, taxpayers will only be able to take advantage of the tax credit mechanism in relation to dividends paid after 1 October There is some misinformation about exactly how the triangular tax relief will apply. One thing for certain is that it will not provide relief in relation to direct investment by New Zealand residents into Australia or vice versa. By its very nature, triangular tax relief/ investment refers to, for example, a New Zealand shareholder owning shares in an Australian company which in turn has a business (branch or subsidiary) in New Zealand. At present, the New Zealand shareholders cannot take advantage of New Zealand tax paid by the branch/subsidiary and this leads to a tax inefficient structure. The intention is to allow, in the above example, New Zealand shareholders to share proportionately (base on their shareholding) in the New Zealand tax paid by the New Zealand branch/subsidiary. This is achieved via a relatively straightforward (in concept at least) method whereby the New Zealand and Australian companies maintain both Australian and New Zealand imputation accounts and comply with the respective countries imputation laws. When a dividend is paid, that dividend will have both New Zealand and Australian imputation credits attached. The changes are welcomed but in reality are aimed mainly at the large multinational corporates with multinational shareholders. In the case of most of our clients, the new triangular tax relief will not relieve the Trans Tasman tax burden currently experienced.! *(&+(,-.- You have all not doubt heard the famous quote "nothing in this world is certain but death and taxes" from Benjamin Franklin. Here are a few not so famous tax quotes. "Another difference between death and taxes is that death is frequently painless" Anonymous "Death and taxes may be inevitable but they shouldn't be related." J. C. Watts Jr "A fine is a tax for doing something wrong. A tax is a fine for doing something right" Anonymous NSA on Tax Newsletter March 2003 P3/5

4 " NSA is pleased to welcome on board the following staff: Lisa Murphy Lisa spent the last four years with PricewaterhouseCoopers where she was a manager in the tax division. Prior to PricewaterhouseCoopers, Lisa had 12 years on the dark side (IRD) in investigations and tax and legal services. Lisa obviously has many years of tax consulting experience and holds a Master of Taxation Studies (with First Class Honours). She has vast experience in corporate and international tax matters. Lisa is most looking forward to working for an employer with a shorter name. Amanda Spry As proof of NSA s popularity, Amanda flew all the way from London to join us (okay, this maybe a slight exaggeration). Amanda is one of the many Kiwi s returning home. At the moment Amanda intends working at 80% capacity. She will generally be at NSA five days a week but on occasions will start late/leave early to attend to outside business interests. Amanda was previously with Coppers & Lybrand/PwC in Wellington, and most recently was Tax Manager for Nomura International PLC, a Japanese investment bank and securities house. Amanda was situated in Nomura s UK head office in London where she had responsibility for tax matters relating to the UK operations, reporting directly to Nomura s head of European tax. Amanda has a special interest in transfer pricing, as well as having much experience in corporate and international tax matters. Amanda Yuen Amanda joins our tax accounting team. She spent the last three years with HLB Wylie McDonald. Prior to this, Amanda gained audit experience on her OE and also worked within the commercial world as a financial consultant.,&'& ( 1 2,-!" 33& #$ %& '()!*$+&,!-. 4 NSA on Tax Newsletter March 2003 P4/5

5 LEASING OF ASSETS - $395 AMALGAMATIONS - $495 resolutions required. common tax issues. Products To Help You This paper covers the income tax, goods and services tax and accounting treatment of leasing assets. It deals with finance and operating leases from the perspective of both the lessor and the lessee, and provides many examples to illustrate application of the rules. TRUSTS AND THEIR USES - $750 The trust paper provides a basic understanding of what is involved in the creation and administration of a trust. The paper covers the various ways to use a trust, explains the documentation involved in setting up a trust and how to structure an effective trust. It outlines the taxation issues associated with trusts and includes an explanation of the various trust terms of which you should be aware. 9 TO 5 LEASES The complete 9 to 5 lease package including the lease itself, a letter restricting private use and an instruction letter. The package also includes a comparative spreadsheet which enables clients to determine whether employer ownership (and paying FBT) or 9 to 5 leasing is most appropriate. Cost of Package (including spreadsheet): $ Spreadsheet can be purchased separately for: $ The paper includes procedural checklists for both short and long form amalgamations, including all forms and Accounting steps highlighted together with selected legal aspects. A tax checklist is also included together with a discussion on the We have developed a number of products on a variety of issues and we are pleased to be able to offer these products to you as a valuable resource. Prices shown are exclusive of GST. EMPLOYEE SHARE OPTION SCHEMES (ESOP) - $495 This paper takes a comprehensive look at reasons why an ESOP may be desirable, the commercial objectives and benefits of an ESOP and an in-depth analysis of the income tax issues associated with such schemes. VEHICLE LEASES - $495 A review of the income tax and GST implications of various purchase/ownership options for motor vehicles, including operating leases, finance leases, 9 to 5 leases and Hire Purchase. The paper also discusses legitimate means for mitigating FBT and provides a useful comparative spreadsheet of the various purchase options. Cost of package (including spreadsheet): $ Spreadsheet can be purchased separately for: $ PROPERTY TRANSACTIONS - $750 A comprehensive review of the income tax and GST consequences of land development and subdivisions, including suitable investment and development structures Contact: Phil Walker or Phil Bell Phone: (09) Fax: (09) [email protected] Level 5, 345 Queen Street PO Box 3697, AUCKLAND,'-,2& / 0!!!1 2 2!0!) 1 1 1$1$!1000 )0)100 -!3 / 2! 11! 0-1$ 4 2)5 01$!16!610!0!6) 0!!)!0!!!122 NSA on Tax Newsletter March 2003 P5/5