Tax Administration (Binding Rulings) Regulations 1999

Reprint
as at 2 November 2012

Coat of Arms of New Zealand

Tax Administration (Binding Rulings) Regulations 1999

(SR 1999/236)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 26th day of July 1999

Present:
The Right Hon Jenny Shipley presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Inland Revenue Department.


Pursuant to sections 91I and 224 of the Tax Administration Act 1994, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Tax Administration (Binding Rulings) Regulations 1999.

    (2) These regulations come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    applicant means a person who applies for a private ruling, a product ruling, or a status ruling

    application means an application for a private ruling, a product ruling, or a status ruling

    private ruling means a ruling of the Commissioner under section 91E of the Act

    product ruling means a ruling of the Commissioner under section 91F of the Act

    status ruling means a ruling of the Commissioner under section 91GB of the Act.

3 Fees
  • (1) Subject to subclause (1A), the fees payable in respect of an application for a private ruling, a product ruling, or a status ruling are as follows:

    • (a) an application fee of $280 plus any GST, which must accompany the application:

    • (b) a further fee,—

      • (i) if the application for a private ruling, a product ruling, or a status ruling is received by the Commissioner on or after the commencement of these regulations, calculated at $140 plus any GST per hour (or part hour), beyond the first 2 hours, spent in consideration of the application by the Commissioner, including any time spent by the Commissioner in consulting with the applicant; or

      • (ii) [Revoked]

    • (c) reimbursement fees in respect of—

      • (i) any fees paid by the Commissioner to any person, if the Commissioner requires external advice in relation to the ruling; or

      • (ii) any costs and reasonable disbursements incurred by the Commissioner in relation to the ruling.

    (1A) No fee is payable under subclause (1)(b) for the time spent by the Commissioner (if any) in consideration of the following issues, including any time spent by the Commissioner in consultation with the applicant about those issues:

    • (a) the apportionment of income or expenditure under section YD 5 of the Income Tax Act 2007:

    (2) If an application for a private ruling, a product ruling, or a status ruling is withdrawn, the applicant is liable to pay all fees incurred before the Commissioner received notice of the withdrawal.

    (3) The Commissioner must ensure as far as is reasonably practicable that every effort is made to minimise the fees to which an applicant is liable in respect of an application for a private ruling, a product ruling, or a status ruling.

    Regulation 3(1): amended, on 13 December 2001, by regulation 3(1) of the Tax Administration (Binding Rulings) Amendment Regulations 2001 (SR 2001/342).

    Regulation 3(1)(a): amended, on 2 November 2012, by section 265(a) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).

    Regulation 3(1)(b)(i): amended, on 2 November 2012, by section 265(b) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).

    Regulation 3(1)(b)(ii): revoked, on 2 November 2012, by section 265(c) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).

    Regulation 3(1A): inserted, on 13 December 2001, by regulation 3(2) of the Tax Administration (Binding Rulings) Amendment Regulations 2001 (SR 2001/342).

    Regulation 3(1A)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Regulation 3(1A)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

4 Commissioner to provide estimate of fees payable in excess of application fee
  • (1) The Commissioner must provide an applicant with the Commissioner’s estimate of the fees that will be payable (if any) in excess of the application fee.

    (2) If the Commissioner considers that an estimate provided to an applicant under this regulation is incorrect, the Commissioner must as soon as practicable revise that estimate and notify the applicant of the revised estimate.

5 Indication of time for issue of ruling in certain cases
  • (1) If the Commissioner considers that it will take longer than 4 weeks to issue a private ruling, a product ruling, or a status ruling, the Commissioner must provide the applicant with the Commissioner’s estimate of the likely date by which a ruling is expected to be issued.

    (2) If the Commissioner considers that an estimate provided to an applicant under this regulation is incorrect, the Commissioner must as soon as practicable revise that estimate and notify the applicant of the revised estimate.

6 Waiver of fees
  • (1) The Commissioner may waive all or part of a fee payable under these regulations if the Commissioner considers it is fair and reasonable in the circumstances to do so, having regard to the nature of the issue that is the subject of the application, the level of skill and experience required in the consideration of the application, and any other relevant factors.

    (2) Subclause (1) applies if a person's application for the relevant binding ruling was received by the Commissioner on or after the day on which the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 receives the Royal assent.

    Regulation 6: substituted, on 7 September 2010, by section 212 of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).

7 Goods and services tax
  • [Revoked]

    Regulation 7: revoked, on 2 November 2012, by section 266 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).

8 Revocation
  • The Tax Administration (Binding Rulings) Regulations 1995 (SR 1995/80) are consequentially revoked.

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 July 1999.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Tax Administration (Binding Rulings) Regulations 1999. The reprint incorporates all the amendments to the regulations as at 2 November 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)