IR3 Question 26 Other income

The profits are taxable if you bought:

• and sold shares or other property as a business

• shares or other property for the purpose of resale

• shares or property to make a profit.

This doesn’t apply to shares that are FIFs. Print the total profit in Box 26. Attach the details of your income and expenses from these sales to your return.

If you sold or disposed of a depreciated asset for more than its adjusted tax value, call Inland Revenue or read the guides Depreciation (IR260), General depreciation rates (IR265) or Historic depreciation rates (IR267).

If you made a loss and can show that if you’d made a profit, it would have been taxable, you may be able to claim the loss as a deduction.

Show the total in Box 25B.

If the property was taxable under the bright-line test, any excess deductions can’t be claimed unless they can be offset against net income from other property sales in the same year. Any excess deductions not allocated to the income year will be treated as the cost of revenue account property and carried forward to the next income year. The Property sale information (IR833) form has more information on this.

For more information on property sales see our guide Buying and selling residential property (IR313).

If you’re a party to a financial arrangement, you must account for income from those arrangements on an accrual basis. Financial arrangements include government stock, futures contracts and deferred property settlements, excluding short-term agreements for sale and purchase of property.

A cash-basis person doesn’t need to use the accrual method to calculate income. You qualify as a cash-basis person if:

• on every day in the income year the absolute value of all financial arrangements added together is $1,000,000 or less, or

• the absolute value of your income and expenditure in the income year under all financial arrangements is $100,000 or less, and

• the deferral of income or acceleration of expenditure using the cash method rather than the accrual method is $40,000 or less.

If you held the financial arrangement prior to 20 May 1999 the amounts above may be reduced to $600,000, $70,000 and $20,000 respectively.

Please note the “absolute value” is the value of an amount whether it’s positive or negative.

Whether or not the exemption from the spreading method applies, you must do a “wash-up” calculation in certain circumstances. For example:

• a financial arrangement matures, is sold, remitted or transferred

• there is an absolute assignment of the financial arrangement

• a party to a financial arrangement is released from making all remaining payments under the Insolvency Act 1967, the Companies Act 1993 or the laws of a country or territory other than New Zealand

• you cease to be a resident of New Zealand.

The calculation ensures that the total gains or losses from the financial arrangement are brought to account. This applies in every case—you don’t have to be in the business of buying or selling financial arrangements, or have bought them for the purpose of resale, as you would with shares.

When calculating the income or expenditure on sale, use the Sale or disposal of financial arrangements (IR3K) form.

If you received any other type of income that didn’t have tax deducted from it, show it in Box 26.

Attach the details of your income and any expenses to your return.

If your share of partnership income is received in recognition of your capital investment in the partnership and you didn’t take any active part in the day-to-day operation or management of the business (that is, you were a sleeping partner), show your share of partnership income in Box 26.