United States. Dept. of Commerce and Labor United States. Bureau of Foreign Commerce.

Consular reports, Issues 196-199 online

. (page 9 of 82)
Online LibraryUnited States. Dept. of Commerce and Labor United States. Bureau of Foreign CommerceConsular reports, Issues 196-199 → online text (page 9 of 82)
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ment of the land, mortgage, or income of a person under any legal
disability.

1(3.) In subsection (6) of section fourteen of the said Act the word *'mort- Amendment in
gage" is inserted, after the word "land," where it first occurs in the ***^''°" ■*
said subsection.

PART II.

NATURE OF THE TAXATION.

15. Subject to the provisions of this Act taxation shall be levied at stated On what taxa-
rates in the pound sterling, in accordance with an annual Act to be passed for *'°" *" '^^'^ '
that purpose, upon —

(I.) All land situate in New Zealand, and on every mortgage of land, in
the manner provided in the Schedules "A" and " B" to this Act;

(2.) All income derived or received in New Zealand from business, employ-
ment, or emolument, in the manner provided in the several Schedules
"C," "D," "E," and "P," to this Act.

General Exemptions from Tax.

16. Land owned and income derived or received as hereinafter mentioned Exemption
shall be exempt from taxation under this Act, subject, however, to the provi-
sions hereof: —

(l.) All land owned by any p>erson or body corporate or unincorporale, and Land.

No. 196 4.

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50 LAND TAXATION AND LABOR LAWS IN NEW ZEALAND.

used or occupied by such person or body solely for any of the purposes herein-
after mentioned : —

(a.) A place of worship, or a place of residence for the clergy or ministers
of any religious body;

(d.) Any public school established under "The Education Act, 1877," M*d
all land and buildings used for any school which is not carried on
exclusively for pecuniary gain or profit, but so that not more than
fifteen acres be used and occupied by or for the purposes of any one
such school;

(c.) The site of any university or college, or school, incorporated by any
Act or Ordinance ; or the site of a public library, athenseum, or me-
chanics' institute, or any public museum, or any school of mines;

(d.) A public cemetery or burial-ground;

{e.) The ground or place of meeting for any agricultural society being the
property of the society ;

(/.) A place of meeting for the purposes of a friendly society, or of a
masonic lodge, or of any building society registered under the Acts
in force relating to building societies;

(^,) Public charitable institutions constituted under** The Hospitals and
Charitable Institutions Act, 1885," and charitable institutions not
carried on for gain or profit;

(A.) Public gardens, domains, or recreation or other public reserves not
occupied by a tenant, and all public roads or streets;

[i.) Owned and occupied by Maoris only, and not leased to or occupied by
any person oilier than the Maori owner;

(/) Any public railway, including the land occupied and used as permanent-
way, and for yards, stations, sheds, and all buildings used for the
purposes of traffic only, but not further or otherwise.
I^nds of the No lands vested in Her Majesty or in the New Zealand Railway Commis-
crnm'eiu RaiK sioners, nor any land vested in any corporate or other body for the purposes

ways, and of^f q^ {„ relation to local self-government, or for any public educational or

local bodies not o » y r

Uablc. public charitable purpose, shall be liable to taxation under this Act, except

where there is a tenant or occupier liable to pay such tax.

Income. (2.) All income derived or received in the following manner: —

(a.) The general revenues received by or on behalf of Her Majesty the
Queen in New Zealand;

{d.) By the Governor of the colony, so far as respects the emolument of-
his office as Governor;

(r.) The revenues received by any County Council, Borough Council,
Town Board, Road Board, Harbour Board, public university, or
public school, Education Board, School Commissioners, Licensing
Committee, and every other local authority receiving revenue of
any kind for the purposes of or in relation to local self-government;

(^.) By friendly societies and building societies, and by all public bodies
and societies not carrying on any business or not being engaged in
any trade, adventure, or concern for the purposes of gain to be di-
vided among the shareholders or members thereof;

{e.) By the owner or occupier of land in New 7.ea\and /row or out of land ^
or from the use or produce of such land derived by such owner or
occupier, or from mortgages of [such] land in New Zealand^ except
where otherwise specially provided.

(4.) Subclause {/) of paragraph (2) of section 16 of the said Act is hereby I
amended by inserting after the words '* New Zealand," in such sub- 1



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LAND TAXATION AND LABOR LAWS IN NEW ZEALAND. 5 1

clause, the words ** from or oat of land," and by striking out the word
"such," in the third line, and by inserting after the word "land," in
the same line, the words '* in New Zealand."
1. The following: additional exemptions from liability to tax under the said Additional cx-

** ^ '^ ' emotions from li-

Act are hereby declared : — ability to tax.

(I.) All land owned and mortgages held by any friendly society within the
mean'mg of the said Act, or by any trustee on behalf of any such
society:

(2.) All land and mortgages of any .savings-bank constituted under "llie
Savings- Bank Act, 1858," vested in or held by any vice-president
of any such bank, or vested in or held by any trustees or other person
for or on behalf of any such bank, and all income derived or received
by or on behalf of any such bank :

(3,) All land owned and mortgages held by the Commissioners of Sinking
Funds under **The Public Debts Sinking Funds Act, 1868," or by
the trustees of any sinking fund of or belonging to any local authority
or body the revenues of which are exempt from taxation under the
said Act :

(4,) All mortgages held, and all income received or derived, by or on be-
half of any public charitable institution, whether formed under ** The
Hospitals and Charitable Institutions Act, 1885," or any other Act
for the time being in force, or howsoever formed, if carried on for
any public charitable purpose, and not for any gain or profit.

PART HI.

ASSESSMENT OF LAND AND INCOME.

17. Every person and company shall be liable for the payment of the whole ^°^ '^"jl ^^''^l
' ' '^ "^ ^ '^ "^ income to be a»-

amount of tax assessed upon land and mortgages, and upon mcome owned by sessed.

or belonging to or received by such person or company, subject to the follow-
ing provisions and the terms of this Act : —

(i.) Returns shall be made to the Commissioner as prescribed for the pur-
pose of enabling assessments to be prepared —
{a.) As to land and mortgages, triennially by every person and annijally by

every company;
(6.) As to income, annually by every person and company :
{c.) [llie first year for which assessments shall be made in each of the
above cases shall commence on the first day of April, one thousand
eight hundred and ninety-two; and returns and assessments may be
required and made under this Act although the year to which they
respectively relate has not arrived ; but nothing herein shall prevent
the Commissioner from requiring further or fuller returns at any time
or as at any date, in such manner as may be prescribed.]
4. Paragraph (c) of subsection I of section seventeen of the said Act is Amendment of
hereby repealed, and in lieu thereof the following provisions are enacted, and mode of m.tking

shall be deemed to have formed part of the said Act and to have been in force •*^^«'^sm«nis and

"^ returns.

when the said Act came into operation : —

" (c.) The first year for which assessments shall be made in each of the above
cases shall commence on the first day of April, one thousand eight
hundred and ninety-two, and all subsequent triennial and annual
periods shall be reckoned from that date, subject, however, as here-
inafter provided, that is to say : —



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52 LAND TAXATION AND LABOR LAWS IN NEW ZEALAND.



Triennial re -
ium« of land and
mortgages by
persons



Annual returns
ofland and mort-
gages by compa-
nies.



Returns of in-
come.



Returns ofland
mortgages and
income for year
1893.



Further provi-
sions as to assess-
ments.



**(i.) Returns of land owned and mortgages held by a person
shall be made as at noon on the Brst day of the month of November
immediately preceding the commencement of the triennial period to
which such return relates.

" (2.) Returns of land owned and mortgages held by a company
shall for the first year of the triennial period commencing on the first
day of April, one thousand eight hundred and ninety-two, be made
as at noon on the tirst day of the month of November immediately
preceding the commencement of the year to which such return re-
lates, and as at noon on the first day of the month of April in each
succeeding year of such period.

" (3.) Returns of income to be made by every person and com-
pany shall be based upon the amount of income which was derived
or received by the person or company making the return during the
year ending on the thirty-first day of the month of March immedi-
ately preceding the commencement of the year of assessment : Pro-
vided that, where the income of a person or company cannot be
conveniently returned as of the date hereinbefore provided, it shall
be optional for the Commissioner to accept returns made up to the
date of the annual balance of such person or company ; and the Com-
missioner may, if he accepts the date of such annual balance for the
purpose of the return to be made by such person or company, accept
an estimated return of income for assessment, such assessment to be
adjusted by the Commissioner upon such annual balance being com-
pleted.

*' (4.) With respect to returns of land and mortgages by every
person and company under this Act to enable assessments to be made
hereunder for the annual or triennial periods commencing on the first
day of April, one thousand eight hundred and ninety-two, the time
as at which such returns shall be made shall be twelve o*clock noon
on the first day of November, one thousand eight hundred and
ninety-one :

»' With respect to returns of income by every person and company
under this Act to enable assessments to be made hereunder for the
annual i)eriod commencing on the first day of April, one thousand
eight hundred and ninety-two, such returns shall be made on such
day after the first day of April, one thousand eight hundred and
ninety-two, as the Commissioner shall prescribe, but such returns shall
be based on the income derived or received by any such person or
company for the year ending the thirty-first day of March, one thou-
sand eight hundred and ninety-two."
*• (</.) Subject to this Act returns may be required from any person or com-
pany at the time and in the manner required by or under any notice
given by the Commissioner for that purpose, although the period or
year for which assessments are required to be made has not com
menced ; and all the provisions of this Act shall extend and apply to
such returns and the person or company liable to make the same ;
and assessments may be made upon or in respect of such returns as
if the same had l)een required to be made or made within the year
or period for which assessments are required to be made; and all
proceedings may be had and taken, and all acts and things done, for
the purjxjse of giving effect to this Act accordingly; but nothing
herein shall prevent the Commissioner from requiring from any



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LAND TAXATION AND LABOR LAWS IN NEW ZEALAND. 53

person or company any further or fuller returns at any lime, or as at
any date, in such manner as maybe prescribed, or from making any
assessment upon any such return in such manner as may be necessary
to give effect to this Act.

** Nothing contained in this section shall be deemed to interfere
with or control any special powers of assessment conferred by this
Act."
(2.) The Commissioner shall cause assessments to be prepared at such time
or times and in such manner as shall be prescribed for the purpose
of ascertaining the amount upon which tax shall be levied under this
Act, and such assessments shall be entered in rolls and registers in
accordance with regulations.
(3.) Every agent for every person permanently or temporarily absent from
or not resident in the colony, and every trustee, shall be assessed
separately in respect of any land or mortgage or income for which
he is agent or trustee, and shall be chargeable with the tax payable
in respect thereof in the same manner as if such land, mortgage, or
income were his own.

And he shall be assessed in respect thereof in his representative
capacity, and each such assessment shall be kept separate and dis-
tinct from his individual assessment.
(4.) If a mortgagee of land is not resident in New Zealand and has no
known agent, the mortgagor shall be deemed to be the agent of the
mortgagee, and liable to be assessed for and pay tax, subject to the
provisions hereinafter contained.
(5.) Joint tenants in common, and trustees in respect of the same interest,
shall be assessed jointly, and shall be severally and jointly liable for
the due furnishing of returns of the land or any mortgage they own
jointly or in common, or any income receivable by them, and for the
payment of any tax due thereon, and l>e liable in respect of any de-
fault therein respectively.
$. (i.) Where land or mortgages are owned or held by persons or compa- Provision as
nics in tenancy in common, joint tenancy, partnership, or on a joint account, [and^^amT^mort-
thcn every tenant in common, joint tenant, partner, or person or company own- Pp** f^*'*^ '^^ ^^
ing or holding on a joint account shall be assessed and liable for the whole tax ants in common,
payable in respect of such land or mortgages, without regard to the shares or p^'^jn^^^"'*' ^^
interests of the tenants in common, joint tenants, partners, or persons or com-
panies entitled upon a joint account in such land or mortgages.

And such land or mortgages shall, for the purposes of the said Act and this
Act, be assessed as if owned or held by one person or company; and one de-
duction only in respect of improvements, and one exemption only in respect of
all such land and mortgages, shall be allowed in cases where such deduction
and exemption are sanctioned by law.

(2.) Where tax shall be paid under this provision by any tenant in common. Provision for

^ ^ -111- • • ^ contribution bc-

jomt tenant, partner, or person or company owning or holding on a joint account, twcen parties en-
then the person or company so paying shall be entitled to contribution from "^''^^^
every co-worker, partner, co-holder, or person or company owning or holding on
a joint account in proportion to the relative shares to which such co-owners,
partners, or co-holders, or persons or companies owning or holding on a joint
accoant are entitled in the land or mortgage in respect of which the tax has
been paid.

Regulations may be prescribed for the purpose of adjusting and settling
hofw returns and assessments shall be made and contribution fixed and recov-



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54 LAND TAXATION AND LABOR LAWS IN NEW ZEALAND.



Money re-
ceived, and mon-
ey, land, or mort-
gages acquired,
lor investment in
colony between
certain periods to
be liable to tax.



Assessment of
comp inics or
persons outside
the colony carry-
ing on business
ill the colony.



ered under this section, and for any other jmrpose necessary to give effect I
thereto. I

18. Every person arriving in the colony at any time during the triennial pe-
riod intervening between the appointed times for furnishing returns of land and
mortgages, and every jjcrson who, at any time during such i>eriod, acquires land
or any mortgage through any gift or succession, or in consequence of marriage, or
by any other means, or who brings into or receives in the colony any money
or securities for money which is invested on mortgage, or is received or held
in the colony for the purposes of such investment, shall and is hereby required,
without notice, to furnish returns thereof as owner, trustee, or agent, in manner
hereinbefore required, as if at twelve o'clock noon on the first day of April en-
suing next after his arrival in the colony, or to his acquiring the land, or receiv-
ing the money, or securities for money, as the case may be ; subject, in case
of neglect or failure to do so, to the penalties imposed by this Act in respect of
persons failing or neglecting to furnish returns.

19. Where a company or person outside the colony (herein termed "the
principal" ) who, by means of a company registered in the colony or carrying
on business therein, or by means of any person in the colony (herein termed
"the agent"), sells or disposes of, in the colony, goods, wares, merchandise,
or other personal property for the principal (whether the moneys arising there-
from are paid or received by the principal directly or otherwise), then all in-
come resulting therefrom to the principal shall, for the purposes of obtaining
income-tax, be deemed to be income derived from business by the agent; and
the following provisions shall apply: —

(I.) The agent shall, as regards such income, make the returns, be assessed,
be liable to income-tax, and otherwise be subject to the provisions
of the said Act and to this Act, and to do all acts and things there-
under, as if such income was actually the income of the agent: Pro-
vided that nothing herein contained shall exempt or discharge the
principal from liability to pay income-tax upon such income.

(2.) Regulations may be prescribed for the purpose of making, obtaining,
adjusting, and settling returns by or with any sucti agent in such
manner and form, with such particulars and with such proof, as may
l)e thought fit, and for the purpose of making, completing, and en-
forcing nssessments under this section, and otherwise generally for the
puqDose of giving effect thereto: Provided that nothing herein con-
tained shall limit or control the general power of making regulations
under the said Act.



Regulations,



turns have to be
made



Xoiire of date 8. The Commissioner shall give not less than fourteen days' public notice
turns'"^ "^ ^^ <>f ibe day on or before which returns of land and mortgages of land shall l)e
furnished or made by every person or company.
By whom re- 9. A return of land and mortgages of land shall be furnished to the Com-
missioner for the purposes of the Act, either by posting the same to the Commis-
sioner or by delivering the same at his office, on or before such day as may be
publicly notified under these regulations, as follows: —

(<2.) \Sy every i>erson or company who is the owner of any land in New
Zealand, and by every person who is an owner or holder of a mort-
gage or mortgages of land in New Zealand :
(^.) By ever>' attorney or agent for any person permanently or temporarily
absent from the colony who is the owner of any land in New Zealand,



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LAND TAXATION AND LABOR LAWS IN NEW ZEALAND., 55

or who is the holder or owner of a mortgage or mortgages of land in
New Zealand :
(/-.) By the Public Trustee, and every other trustee, executor, administrator,
guardian, committee, or receiver entitled to or having the possession,
administration, or control of land in New Zealand, or the manage-
ment or control of any mortgage or mortgages of land in New Zea-
land where such land or mortgages is or are affected by any express
trust, or where the person beneficially entitled thereto is under any
legal disability.
But where the Commissioner, in exercise of any power vested in him by Special notice
the Act or these regulations, gives any special notice, such notice may pre- sjon^r^ ***""*"*'
scribe the time within which the act therein mentioned may be done, being not
less than fourteen days from the service of such notice.

10. Every person or company hereinbefore mentioned, or that may be re- Returns to be
quired or empowered by the Act to make or furnish any return of land or mort- ^^^^ with*^*^A^^t
gages of land in New Zealand, and whether as the owner of such land or the and regulations,
holder of such mortgages, or as the agent, attorney, or trustee of such owner,
holder, or any person under legal disability, or as the public officer of any com-
pany, is hereby required to make or furnish the same in accordance with the
Act and these regulations:

Provided that no person or company being the holder or occupier of Crown Provision r*
lands for mining purposes within the meaning of "The Mining Act, 1891," '"*"»"g '«**«••
shall l>e required to make a return of land so held or occupied by such person
or company.

12. When a return is made by an agent for any person absent from or not Agents or
residing in the colony, or by a trustee, such return shall be made for each per- returns!^ lomakc
son or company represented by such agent, attorney, or trustee; and shall be
distinct from each other, and from the return of any such agent, attorney, or
trustee in his individual capacity.

But trustees in respect of the same interest, joint tenants, and tenants in Trustees to
common shall be severally and jointly responsible for the due furnishing of re- *^ ™*'

turns of land, or of any mortgage, owned or held jointly or in common.

14. Every return shall be signed by the person making it, or by the public Returns to be
officer of the company, as the case may be; and, if any i>erson shall be unable '"'^"^

to write, his signature, which shall be made by his mark, shall be attested by a
witness, who shall sign as such.

15. Such observations and directions may be indorsed or noted on any form Directions may
of return as the Commissioner may think fit, and references to such observations turn.'* *^* ° ^
and directions may be inserted in the form or be appended thereto.

16. Every corporate or other body formed for the purposes of or in relation Owners of

10 local self-government, or for any public, educational, or charitable jiurpose, taxai*ion"may'be

and every other person or body who may be the owner of land declared to be ^-^"^^^ "P<^»> *«

, make returns.

exempt from taxation by the Act, shall nevertheless be liable to make returns

of land owned by such person or body when required to do so by a notice given

under these regulations.

17. Where the lessee or sub-lessee of any land has an interest in the im- Apportionment
provements thereon, deduction for which he is entitled to claim, the deduction bet'wee^°^*owner
to be allowed for such improvements, whether as to the limit up to ;^3,ooo in ^"^ leaseholder.
respect of the ordinary tax on land, or as to all improvements in respect of

the graduated tax on land, shall be apportioned Ijoth as between the owner, the
original lessee, and the sub-lessee (if any), by the Assessor, on the basis of
the interest of such i>ersons in such improvements, subject to the several rights
of objection provided by the Act and these regulations.



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56 LAND TAXATION AND LABOR LAWS IN NEW ZEALAND.

Date for mak- ig. The lime as at which returns of the land and mortgages of land owned

persons. or held by any person shall be made for the purpose of enabling assessments

under the Act to be prepared for the triennial period commencing the 1st day

of April, 1892, shall be at 12 o'clock noon on the 1st day of November, 1891;

and like returns shall be made in every third year as at such day as may be

prescribed under these regulations.

Date for mak- iq. The time as at which returns of land and of mortgages of land owned
ing returns ">',,,, , ,, 1 , #. , . , , -

companies. or held by any company shall be made for the year commencmg the 1st day of

April, 1892, shall be at 12 o'clock noon on the 1st day of November, 189I;

and like returns shall be made in every year as at such day as may be prescribed

under these regulations.

Commissioner 20. The Commissioner may require or accept a special form of return
may accept spe- . . . . , . , „ , . , . » ,

ciaf form of re- where, m his opmion, special circumstances shall render it desirable.

*""J* 21. No person required to furnish a return shall be exempted from any

Duty cast upon .

persons of obuin- [>enally he may have incurred by failure so to do by reason of his having re-

ing orms. ceived no notice to furnish the same, or by reason of his not having been supplied

with a form of return ; but every such person shall himself obtain all forms of



Online LibraryUnited States. Dept. of Commerce and Labor United States. Bureau of Foreign CommerceConsular reports, Issues 196-199 → online text (page 9 of 82)