• 7 May - PAYE (5th on weekend)
  • 7 May - GST, Prov Tax
  • 21 May - PAYE, RWT, N-RWT (20th on weekend)
  • 28 May - GST, Prov Tax
  • 31 May - RWT, FBT

Building Depreciation Update
Legislation passed as a result of the May 2010 Budget eliminated depreciation for most buildings that had a useful life of over 50 years.  

After the  legislation was passed   there   was considerable   uncertainty  in   a  commercial  context  regarding what part of a structure would be classified as “building” versus   “fit-out” (which can continue to be depreciated).  The IRD had previously provided its view on the  issue, but in a residential rental context, and commented that the principles could also be   applied in a commercial context.  The principles would have    favoured the classification of some fit-outs as part of a building.  Stepping away from those principles, the Government has amended the Income Tax Act 2007 in favour of the taxpayer.

Specifically, the changes enacted include:

  • A new definition of “building” which specifically excludes “commercial fit-out”.
  • The insertion of a commercial fit-out definition, which includes an item attached to a “commercial building” that is non-structural and not part of a building’s weather-proofing.

The clarification of these definitions enable items that could otherwise be considered part of a commercial building, such as internal non-load     bearing walls, suspended ceilings, plumbing and electrical reticulation to be  depreciated as fit-out.

Where items of fit-out are shared between both residential and           commercial structures (e.g. lifts, fire protection, sewerage), the    principle purpose of the building will determine whether the fit-out is depreciable property.  For example, if a building is used principally for commercial    purposes, then the fit-out will be depreciable property.

If upon construction or purchase a person has not separately identified and depreciated fit-out, a new provision allows the owner of a commercial building to amortise 15% of the building’s book value at a rate of 2% straight-line per year.  The building’s adjusted tax book value is reduced by any fit-out purchased and depreciated separately after the building was purchased.

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