34B Commissioner to list tax agents

(1)

The Commissioner must compile and maintain a list of persons who are tax agents.

(2)

A person is eligible to be a tax agent if the person—

(a)

prepares the returns of income required to be furnished for 10 or more taxpayers; and

(b)

is one of the following:

(i)

a practitioner carrying on a professional public practice:

(ii)

a person carrying on a business or occupation in which returns of income are prepared:

(iii)

the Māori Trustee.

(3)

A person who is not a tax agent and who is eligible to be a tax agent may give a notice (the application) to the Commissioner in a form approved by the Commissioner—

(a)

stating that the person wishes to be listed as a tax agent; and

(b)

providing the information required by subsection (11), if the person is not a natural person; and

(c)

providing any other information required by the Commissioner.

(4)

The Commissioner may request further information from the person (the applicant) making the application and obtain information relating to the applicant from other persons before deciding whether to list the applicant as a tax agent.

(5)

The Commissioner must list the applicant as a tax agent if the Commissioner is satisfied by the available information that—

(a)

the applicant is entitled to make the application; and

(b)

listing the applicant as a tax agent would not adversely affect the integrity of the tax system.

(6)

An applicant is listed as a tax agent from the date given in the Commissioner’s notice advising the applicant of the Commissioner’s decision to list the applicant as a tax agent.

(7)

The Commissioner must refuse to list an applicant as a tax agent if the Commissioner is satisfied that—

(a)

the applicant is not entitled to make the application:

(b)

listing the applicant as a tax agent would adversely affect the integrity of the tax system.

(8)

The Commissioner may remove a person from the list of tax agents if the Commissioner is satisfied that—

(a)

the applicant is not eligible to be a tax agent:

(b)

continuing to list the applicant as a tax agent would adversely affect the integrity of the tax system.

(9)

Before refusing to put a person on the list of tax agents, or removing a person from the list, the Commissioner must—

(a)

give notice to the person of the Commissioner’s reasons for the proposed decision:

(b)

consider any arguments against the proposed decision that are provided by the person within the period, beginning from the day of the notice,—

(i)

of 30 days, unless subparagraph (ii) or (iii) applies; or

(ii)

allowed by the Commissioner of less than 30 days, if the Commissioner considers such a period is necessary to protect the integrity of the tax system; or

(iii)

allowed by the Commissioner of more than 30 days, if the Commissioner considers such a period is appropriate in the circumstances.

(10)

A person listed as a tax agent is removed from the list on the date of the Commissioner’s notice that advises the person of the Commissioner’s decision to remove the person from the list.

(11)

An entity that is not a natural person must provide to the Commissioner the information described in subsection (12) if the entity—

(a)

makes an application under subsection (3):

(b)

is a tax agent who—

(i)

has not made an application under subsection (3) and has not previously provided information to the Commissioner as required by this subsection:

(ii)

has previously provided information to the Commissioner as required by this subsection and that information is inaccurate.

(12)

The information that subsection (11) requires an entity to provide to the Commissioner consists of the names of the following persons:

(a)

each person having the duties of tax manager, chief financial officer, chief executive officer, or director, if the entity is a body corporate other than a closely-held company:

(b)

each shareholder of the entity, if the entity is a closely-held company:

(c)

each partner in the entity, if the entity is a partnership:

(d)

each member of the entity, if the entity is an unincorporated body.

(13)

An entity that is a tax agent and is required by subsection (11) to provide information to the Commissioner must provide the information by—

(a)

the day 12 months after the day on which the Taxation (Business Taxation and Remedial Matters) Act 2007 receives the Royal assent, if the entity has not made an application under subsection (3) and has not previously provided information to the Commissioner as required by subsection (11):

(b)

the end of the 12-month period beginning from the first day on which the information most recently provided to the Commissioner as required by subsection (11) is inaccurate.

Section 34B: inserted, on 19 December 2007, by section 199 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).

Section 34B(2)(b)(iii): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 34B(6): amended, on 2 June 2016, by section 108(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section 34B(10): amended, on 2 June 2016, by section 108(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).