文章基本信息

标题：Assessability of Receipts from Personal Exertion
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作者：Dr Ranjana Gupta
期刊名称：Journal of the Australasian Tax Teachers Association
印刷版ISSN：1832-911X
电子版ISSN：1832-911X
出版年度：2010
卷号：5
期号：1
出版社：Australasian Tax Teachers Association
摘要：This paper explores the gaps that exist with regard to the taxation of receipts from personal exertion. This research examines both the New Zealand legislation and leading cases in New Zealand and other jurisdictions in this area, to arrive at some conclusions about the circumstances in which those receipts will be found to be either gross income or simply a gift. To determine the legal criteria that identify gifts as personal exertion income within the context of s CA 1(1) and s CA 1(2) of the Income Tax Act 2007 (NZ), the paper sets out and analyses the following propositions: (1) Ordinary concepts (s CA 1(2)) includes employment income (s CE 1) and business income (s CB 1); or (2) Ordinary concepts (s CA 1(2)), employment income (s CE 1) and business income (s CB 1) are disparate concepts (with different tests to determine each). The paper shows that sections CA 1(1) and CA 1(2) are not mutually exclusive and s CA 1(2) of the Act supplements specific provisions of the Act defining income. In the absence of a clear statutory provision in the Income Tax Act 2007 (NZ), the paper attempts to explain the underlying principles on which such receipts may be taxed within the broader context of the Income Tax Act 2007 (NZ). The author hopes that this analytical paper will serve as a guide for policymakers to take steps to ensure that unfairness caused by those deficiencies does not ultimately undermine the tax system.