Goods and Services Tax Act 1985
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Reprint as at 1 July 2017
Goods and Services Tax Act 1985
Public Act |
1985 No 141 |
|
Date of assent |
3 December 1985 |
|
Commencement |
3 December 1985 |
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Inland Revenue Department.
Contents
An Act to make provision for the imposition and collection of goods and services tax
1 Short Title, etc
(1)
This Act may be cited as the Goods and Services Tax Act 1985.
(2)
This Act, other than section 12, is hereby declared to be one of the Inland Revenue Acts within the meaning of the Tax Administration Act 1994.
(3)
Section 12 shall be deemed to be part of the Customs and Excise Act 1996.
Section 1(2): substituted, on 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 1(2): amended (with effect on 1 October 1996), on 27 March 1998, by section 51 of the Taxation (Remedial Provisions) Act 1998 (1998 No 7).
Section 1(3): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Part 1 Interpretation
2 Interpretation
(1)
In this Act, other than in section 12, unless the context otherwise requires,—
adjustment period, for a supply of goods or services to which sections 8(4B)(b), 9(2)(h), 20(3C) to (3J) and (3JC), and 21 to 21H apply, means a first or subsequent adjustment period referred to in section 21G(2)
apply, for a mode of communication, has the meaning set out in section 14C of the Tax Administration Act 1994
ask, for a mode of communication, has the meaning set out in section 14B of the Tax Administration Act 1994
associated supply means—
(a)
a supply for which the supplier and recipient are associated persons:
(b)
a supply of a right, under an equity security or participatory security, to receive for no consideration, or consideration at other than the open market value, a supply of goods and services that is—
(i)
not an exempt supply; and
(ii)
not a supply relating to the control of the issuer of the equity security or participatory security
balance date is defined in section 15B for the purposes of that section
challenge means—
(a)
to commence proceedings under Part 8A of the Tax Administration Act 1994 challenging a disputable decision (as defined in section 3(1) of that Act); or
(b)
the proceedings,—
as the context requires; and any variant of the word challenge is to have a like meaning
commercial dwelling—
(a)
means—
(i)
a hotel, motel, homestay, farmstay, bed and breakfast establishment, inn, hostel, or boardinghouse:
(ii)
a serviced apartment managed or operated by a third party for which services in addition to the supply of accommodation are provided and in relation to which a resident does not have quiet enjoyment, as that term is used in section 38 of the Residential Tenancies Act 1986:
(iii)
a convalescent home, nursing home, rest home, or hospice:
(iv)
a camping ground:
(v)
premises of a similar kind to those referred to in subparagraphs (i) to (iv); and
(b)
excludes—
(i)
a hospital except to the extent to which the hospital is a residential establishment:
(ii)
a dwelling referred to in paragraph (b)(iii) of the definition of dwelling
Commissioner means the Commissioner of Inland Revenue as defined in the Tax Administration Act 1994
common property has the same meaning as in the Unit Titles Act 2010
company means any body corporate, whether incorporated in New Zealand or elsewhere, and any limited partnership registered under the Limited Partnerships Act 2008; but does not include a local authority or a public authority
consideration, in relation to the supply of goods and services to any person, includes any payment made or any act or forbearance, whether or not voluntary, in respect of, in response to, or for the inducement of, the supply of any goods and services, whether by that person or by any other person; but does not include any payment made by any person as an unconditional gift to any non-profit body
consideration in money includes consideration expressed as an amount of money
content means the signals, writing, images, sounds or information of any kind that are transmitted, emitted or received by a telecommunications service
credit note means a document provided pursuant to section 25(3)(a), and includes a document deemed to be a credit note under section 25(3A)
dealer in fine metal means any person who satisfies the Commissioner that a principal part of that person’s business is the regular purchase and supply, for use as an investment item, of any fine metal
debit note means a document provided pursuant to section 25(3)(b), and includes a document deemed to be a debit note under section 25(3A)
document means a document as defined in the Tax Administration Act 1994
domestic goods and services means the right to occupy the whole or part of any commercial dwelling, including, where it is provided as part of the right to so occupy, the supply of—
(a)
cleaning and maintenance:
(b)
electricity, gas, air-conditioning, or heating:
(c)
telephone, television, radio, or any other similar chattel
donated goods and services means goods and services which are gifted to a non-profit body and are intended for use in the carrying on or carrying out of the purposes of that non-profit body
due date, in relation to the payment of tax by a registered person, means the last day for payment determined by either section 19C(1) or 23(1) for that registered person
dwelling, for a person,—
(a)
means premises, as defined in section 2 of the Residential Tenancies Act 1986,—
(i)
that the person occupies, or that it can reasonably be foreseen that the person will occupy, as their principal place of residence; and
(ii)
in relation to which the person has quiet enjoyment, as that term is used in section 38 of the Residential Tenancies Act 1986; and
(b)
includes—
(i)
accommodation provided to a person who is occupying the same premises, or part of the same premises, as the supplier of the accommodation and who meets the requirements of paragraph (a)(i):
(ii)
any appurtenances belonging to or used with the premises:
(iii)
despite paragraph (a)(ii), a residential unit in a retirement village or rest home when the consideration paid or payable for the supply of accommodation in the unit is for the right to occupy the unit; and
(c)
excludes a commercial dwelling
electronic marketplace—
(a)
means a marketplace that is operated by electronic means through which a person (the underlying supplier) makes a supply of remote services by electronic means through another person (the operator of the marketplace) to a third person (the recipient); and
(b)
includes a website, internet portal, gateway, store, distribution platform, or other similar marketplace; and
(c)
does not include a marketplace that solely processes payments
emissions unit means a unit as defined in section 4(1) of the Climate Change Response Act 2002
exempt supply means a supply that is exempt from tax pursuant to section 14
fine metal means—
(a)
gold, in any form, being gold of a fineness of not less than 99.5%:
(b)
silver, in any form, being silver of a fineness of not less than 99.9%:
(c)
platinum, in any form, being platinum of a fineness of not less than 99.0%:
(d)
any other substance that the Governor-General may, from time to time, by Order in Council, declare to be fine metal for the purposes of this definition
going concern, in relation to a supplier and a recipient, means the situation where—
(a)
there is a supply of a taxable activity, or of a part of a taxable activity where that part is capable of separate operation; and
(b)
all of the goods and services that are necessary for the continued operation of that taxable activity or that part of a taxable activity are supplied to the recipient; and
(c)
the supplier carries on, or is to carry on, that taxable activity or that part of a taxable activity up to the time of its transfer to the recipient
goods means all kinds of personal or real property; but does not include choses in action, money or a product that is transmitted by means of a wire, cable, radio, optical or other electromagnetic system or by means of a similar technical system
hire, in relation to goods, includes a letting on any terms, including a lease
hire purchase agreement has the same meaning as in section YA 1 of the Income Tax Act 2007; but includes an agreement that would be a hire purchase agreement but for the exclusion in paragraph (f) of the definition of that term in that section
hospital—
(a)
means an institution—
(i)
that is a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or
(ii)
whose principal purpose is to receive and treat people needing medical treatment or suffering from a disease; and
(b)
includes all clinics, dispensaries, offices, outpatient departments, services, and undertakings, maintained in connection with, or incidental to, such an institution
income year means an income year as defined in section YA 1 of the Income Tax Act 2007
inform, for a mode of communication, has the meaning set out in section 14B of the Tax Administration Act 1994
insurance means insurance or guarantee against loss, damage, injury, or risk of any kind whatever, whether pursuant to any contract or any enactment; and includes reinsurance; and contract of insurance includes a policy of insurance, an insurance cover, and a renewal of a contract of insurance:
provided that nothing in this definition shall apply to any insurance specified in section 3
invoice means a document notifying an obligation to make payment
land, in the zero-rating of land rules,—
(a)
includes—
(i)
an estate or interest in land:
(ii)
a right that gives rise to an interest in land:
(iii)
an option to acquire land or an estate or interest in land:
(iv)
a share in the share capital of a flat-owning or office-owning company, as defined in section 121A of the Land Transfer Act 1952:
(b)
does not include—
(i)
a mortgage:
(ii)
a lease of a dwelling:
(iii)
[Repealed]late payment penalty has the meaning given to it in section 3(1) of the Tax Administration Act 1994
licence to occupy means the right to exclusive personal occupancy
local authority—
(a)
means a local authority within the meaning of the Local Government Act 2002; and
(b)
includes—
(i)
the administering body within the meaning of the Reserves Act 1977 of any reserve classified under that Act as a scenic reserve or a recreation reserve:
(ii)
an airport authority (other than an airport company) within the meaning of the Airport Authorities Act 1966:
(iii)
the Aotea Centre Board of Management established by the Auckland Aotea Centre Empowering Act 1985:
(iv)
the Canterbury Museum Trust Board continued in existence by section 5(1) of the Canterbury Museum Trust Board Act 1993:
(v)
the Council of the Auckland Institute and Museum constituted under the Charitable Trusts Act 1957:
(vi)
the Otago Museum Trust Board continued in existence by section 5(1) of the Otago Museum Trust Board Act 1996:
(vii)
Auckland Transport (as established by section 38 of the Local Government (Auckland Council) Act 2009):
(viii)
Auckland Regional Holdings established by section 18 of the Local Government (Auckland) Amendment Act 2004:
(ix)
the Auckland Council Independent Maori Statutory Board established by section 81 of the Local Government (Auckland Council) Act 2009
loyalty programme means a consumer incentive scheme under which a customer can obtain loyalty points that are redeemable for goods or services
marketplace means—
(a)
an electronic marketplace:
(b)
a marketplace approved under section 60D as a supplier of remote services
member includes a partner, a joint venturer, a trustee, or a member of an unincorporated body
money includes—
(a)
bank notes and other currency, being any negotiable instruments used or circulated, or intended for use or circulation, as currency; and
(b)
postal notes and money orders; and
(c)
promissory notes and bills of exchange,—
whether of New Zealand or any other country, but does not include a collector’s piece, investment article, or item of numismatic interest
name, in relation to a registered person, includes—
(a)
the name (if any) specified by the registered person as a trading name in the person’s application for registration under this Act; or
(b)
any trading name subsequently notified to the Commissioner under section 53(2) as the name the registered person wishes to use for the purpose of issuing or creating tax invoices and credit or debit notes under this Act
new fine metal means any fine metal which has been refined into fine metal by a refiner of fine metal
New Zealand means New Zealand as defined in section YA 1 of the Income Tax Act 2007
non-profit body means any society, association, or organisation, whether incorporated or not,—
(a)
which is carried on other than for the purposes of profit or gain to any proprietor, member, or shareholder; and
(b)
which is, by the terms of its constitution, rules, or other document constituting or governing the activities of that society, association, or organisation, prohibited from making any distribution whether by way of money, property, or otherwise howsoever, to any such proprietor, member, or shareholder
non-resident means a person to the extent that the person is not resident in New Zealand
non-taxable use, for goods or services, means use of the goods or services for making exempt supplies or other than for making taxable supplies
notice, for an item of information, means the form or manner in which the item is notified or communicated, as described in section 14C or 14D of the Tax Administration Act 1994, as appropriate
notify—
(a)
means to give notice; and
(b)
for a mode of communication, has the meaning set out in section 14C or 14D of the Tax Administration Act 1994, as appropriate
Office of Parliament means the administrative and support services and staff of—
(a)
the Parliamentary Commissioner for the Environment:
(b)
[Repealed](c)
the Ombudsmen:
(d)
the Controller and Auditor-General
officer of the department means an officer of the department as defined in the Tax Administration Act 1994
output tax, in relation to any registered person, means the tax charged pursuant to section 8(1) in respect of the supply of goods and services made by that person
partnership and partner have the meanings set out in the Partnership Act 1908
percentage actual use is defined in section 21G(1)(a) for the purposes of sections 8(4B)(b), 9(2)(h), 20(3JC), 20G, and 21 to 21H
percentage difference is defined in section 21G(1)(c) for the purposes of sections 20G and 21 to 21H
percentage intended use is defined in section 21G(1)(b) for the purposes of sections 8(4B)(b), 20(3H), 20(3JC), 20G, and 21 to 21H
person includes a company, an unincorporated body of persons, a public authority, and a local authority
previous actual use has the meaning given in section 21C(b)(i)
principal place of residence, in the definition of dwelling means a place that a person occupies as their main residence for the period to which the agreement for the supply of accommodation relates
prize competition means a scheme or competition—
(a)
for which direct or indirect consideration is paid to a person for conducting the scheme or competition; and
(b)
that distributes prizes of money or in which participants seek to win money; and
(c)
for which the result is determined—
(i)
by the performance of the participant of an activity of a kind that may be performed more readily by a participant possessing or exercising some knowledge or skill; or
(ii)
partly by chance and partly by the performance of an activity as described in subparagraph (i), whether or not it may also be performed successfully by chance:
provisional tax means provisional tax as defined in section YA 1 of the Income Tax Act 2007
public authority means all instruments of the Crown in respect of the Government of New Zealand, whether departments, Crown entities, State enterprises, or other instruments; and includes offices of Parliament, the Parliamentary Service, and the Office of the Clerk of the House of Representatives; but does not include the Governor-General, members of the Executive Council, Ministers of the Crown, or members of Parliament
Railways assets and liabilities, Railways assets, and Railways liabilities have the same meaning as in section EZ 68 of the Income Tax Act 2007
Railways vesting has the same meaning as in section EZ 68 of the Income Tax Act 2007
recipient, in relation to any supply of goods and services, means the person receiving the supply
refiner of fine metal means any person who satisfies the Commissioner that, in the regular course of business, that person converts or refines any fine metal
registered person means a person who is registered or is liable to be registered under this Act
registration number, in relation to any registered person, means the number allocated to that registered person for the purposes of this Act
remote services means a service that, at the time of the performance of the service, has no necessary connection between—
(a)
the place where the service is physically performed; and
(b)
the location of the recipient of the services
request, for a mode of communication, has the meaning set out in section 14B of the Tax Administration Act 1994
resident means resident as determined in accordance with sections YD 1 and YD 2 (excluding section YD 2(2)) of the Income Tax Act 2007:
provided that, notwithstanding anything in those sections,—
(a)
a person shall be deemed to be resident in New Zealand to the extent that that person carries on, in New Zealand, any taxable activity or any other activity, while having any fixed or permanent place in New Zealand relating to that taxable activity or other activity:
(b)
a person who is an unincorporated body is deemed to be resident in New Zealand if the body has its centre of administrative management in New Zealand:
(c)
the effect of the rules in section YD 1(4) and (6) of that Act are ignored in determining the residence or non-residence of a natural person, and residence is treated as—
(i)
starting on the day immediately following the relevant day that triggers residence under section YD 1(3) of that Act; or
(ii)
ending on the day immediately following the relevant day that triggers non-residence under section YD 1(5) of that Act
residential establishment means any commercial dwelling in which not less than 70% of the individuals to whom domestic goods and services are supplied reside, or are expected to reside, for a period of, or in excess of, 4 weeks; and also includes any hospital to the extent that it is used to provide domestic goods and services in a way similar to any such residential establishment
return means any return required to be furnished under Part 3
return of income means a return of income required under section 33 of the Tax Administration Act 1994
revenue from the Crown means any amount brought to charge from the Crown (not being revenue received from any other public authority) by any public authority for the supply of outputs (within the meaning of the Public Finance Act 1989) by that public authority; but does not include—
(a)
any goods and services tax, chargeable in accordance with the provisions of this Act, on the supply of outputs by that public authority:
(b)
any revenue collected by that public authority as agent on behalf of the Crown
secondhand goods, does not include—
(a)
secondhand goods consisting of any fine metal; or
(b)
secondhand goods which are—
(i)
manufactured or made from, or to the extent to which they are manufactured or made from, gold, silver, platinum, or other substance, that would be fine metal if it were of the required fineness; and
(ii)
of a kind not manufactured for sale to the public; or
(c)
livestock
service occupancy agreement means a licence whereby a person occupies a dwelling for no consideration
services means anything which is not goods or money
shortfall penalty has the meaning given to it in section 3(1) of the Tax Administration Act 1994
supplier, in relation to any supply of goods and services, means the person making the supply
tax means goods and services tax
tax file number has the meaning assigned to that term by section YA 1 of the Income Tax Act 2007
tax fraction means the fraction calculated in accordance with the following formula:
tax invoice means a document provided pursuant to sections 24 and 24BA
tax payable means an amount of tax calculated in accordance with section 19C and section 20; and includes—
(a)
any amount referred to in section 17(2) or section 51B:
(b)
any late payment penalty or shortfall penalty:
(c)
any amount of tax refundable by the Commissioner pursuant to section 19C or section 20; and, for the purposes of section 57, includes interest payable under Part 7 of the Tax Administration Act 1994
tax year means a tax year as defined in section YA 1 of the Income Tax Act 2007
taxable period, in relation to a registered person, means a taxable period determined under sections 15 to 15E
taxable supply means a supply of goods and services in New Zealand that is charged with tax under section 8 and includes a supply that section 11, 11A, 11AB or 11B requires to be charged at the rate of 0%
taxable use, for goods or services, means use of the goods or services for making taxable supplies
Taxation Review Authority or Authority means a Taxation Review Authority established under the Taxation Review Authorities Act 1994
telecommunications services means the transmission, emission or reception, and the transfer or assignment of the right to use capacity for the transmission, emission or reception, of signals, writing, images, sounds or information of any kind by wire, cable, radio, optical or other electromagnetic system, or by a similar technical system, and includes access to global information networks but does not include the content of the telecommunication
telecommunications supplier means a person whose principal activity is the supply of telecommunications services
trustee includes an executor and administrator; and also includes Public Trust and the Māori Trustee
unconditional gift means a payment voluntarily made to any non-profit body for the carrying on or carrying out of the purposes of that non-profit body and in respect of which no identifiable direct valuable benefit arises or may arise in the form of a supply of goods and services to the person making that payment, or any other person where that person and that other person are associated persons; but does not include any payment made by the Crown or a public authority
unincorporated body means an unincorporated body of persons, including a partnership, a joint venture, and the trustees of a trust
unit title body corporate means a body corporate under the Unit Titles Act 2010, other than a body corporate of a retirement village registered under the Retirement Villages Act 2003
warranty, in respect of goods supplied, means an undertaking given under the supply agreement to remedy any defect in the goods that appears during a certain period of time after the goods are supplied or before a certain level of usage is reached
working day means any day of the week other than—
(a)
Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
(ab)
if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
(b)
a day in the period commencing with 25 December in any year and ending with 15 January in the following year
zero-rating of land rules means sections 5(24), 11(1)(mb), 60B(6), 75(3B), and 78F.
(2)
For the purposes of this Act, a reference to goods and services includes a reference to goods or services.
Section 2(1): amended, on 1 October 2000 (applying on and after 10 October 1996), by section 82(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) additional tax: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 2(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 2(1) adjustment period: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) adjustment period: amended, on 1 October 2016, by section 52(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) apply: inserted, on 2 June 2016, by section 182 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 2(1) ask: inserted, on 2 June 2016, by section 182 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 2(1) associated persons: repealed, on 10 October 2000 (applying on 10 October 2000), by section 82(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) associated supply: inserted, on 3 April 2006, by section 283(2) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 2(1) balance date: substituted, on 1 October 2007, by section 283(4) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 2(1) challenge: inserted, on 1 October 1996 (applying on and after 1 October 1996 (unless necessary for the enforcement of other provisions in this Act)), by section 2(2) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 2(1) commercial dwelling: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) commercial dwelling paragraph (b)(ii): replaced (with effect on 1 April 2011 and applying for the 2011–12 and later income years, but not applying to a person in relation to a tax position taken by them in the period from 1 April 2011 to 31 March 2015 and relating to tax treatment of a residential unit in a rest home or retirement village and relying on the definitions of commercial dwelling and dwelling as they were before the amendments made by section 185(1) and (2)), on 30 June 2014, by section 185(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 2(1) Commissioner: amended, on 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 2(1) common property: inserted (with effect on 26 February 2015), on 24 February 2016, by section 273(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 2(1) company: amended, on 1 April 2008, by section 30 of the Taxation (Limited Partnerships) Act 2008 (2008 No 2).
Section 2(1) consideration: amended, on 1 October 1988 (applying with respect to payments made on or after 1 October 1988), by section 2(1) of the Goods and Services Tax Amendment Act (No 3) 1988 (1988 No 125).
Section 2(1) consideration: amended (with effect on 3 December 1985), on 8 August 1986, by section 2(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) content: inserted, on 1 July 2003, by section 152(2) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 2(1) credit note: inserted, on 13 March 1992, by section 2 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 2(1) dealer in fine metal: inserted (with effect on 3 December 1985), on 8 August 1986, by section 2(9) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) debit note: inserted, on 13 March 1992, by section 2 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 2(1) District Commissioner: repealed (with effect on 1 April 1995), on 2 September 1996, by section 51(1) of the Taxation (Remedial Provisions) Act 1996 (1996 No 159).
Section 2(1) document: substituted, on 29 August 2011, by section 235(1)(a) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 2(1) due date: substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 82(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) dwelling: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(4) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) dwelling paragraph (b)(ii): amended (with effect on 1 April 2011), on 30 June 2014, by section 185(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 2(1) dwelling paragraph (b)(iii): inserted (with effect on 1 April 2011 and applying for the 2011–12 and later income years, but not applying to a person in relation to a tax position taken by them in the period from 1 April 2011 to 31 March 2015 and relating to tax treatment of a residential unit in a rest home or retirement village and relying on the definitions of commercial dwelling and dwelling as they were before the amendments made by section 185(1) and (2)), on 30 June 2014, by section 185(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 2(1) electronic marketplace: inserted, on 1 October 2016, by section 52(3) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) emissions unit: substituted (with effect on 1 January 2009), on 6 October 2009, by section 704(2) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 2(1) fine metal: inserted (with effect on 3 December 1985), on 8 August 1986, by section 2(9) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) going concern: inserted, on 10 April 1995 (applying with respect to supplies made pursuant to a contract or agreement entered into on or after 10 April 1995), by section 2(1) of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
Section 2(1) goods: amended, on 1 October 2016, by section 52(4) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) goods: amended, on 1 January 2005, by section 140(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 2(1) hire purchase agreement: inserted, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
Section 2(1) hire purchase agreement: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) hospital: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Section 2(1) income year: inserted, on 1 October 2007, by section 283(5) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 2(1) income year: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) inform: inserted, on 2 June 2016, by section 182 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 2(1) input tax: repealed, on 10 October 2000 (applying on 10 October 2000), by section 82(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) land: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(5) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) land: amended (with effect on 1 April 2011), on 2 November 2012, by section 207(2)(a) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 2(1) land paragraph (b)(iii): repealed (with effect on 1 April 2011), on 2 November 2012, by section 207(2)(b) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 2(1) late payment penalty: inserted, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 2(3) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 2(1) licence to occupy: inserted, on 1 August 1990 (applying to supplies made on or after 1 August 1990), by section 2(2) of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) local authority paragraph (b)(vii): substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 2(1) local authority paragraph (b)(viii): added, on 1 July 2004, by section 47 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Section 2(1) local authority paragraph (b)(viii): amended (with effect on 1 November 2010), on 2 November 2012, by section 207(3) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 2(1) local authority paragraph (b)(ix): inserted (with effect on 1 November 2010), on 2 November 2012, by section 207(3) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 2(1) loyalty programme: inserted, on 6 October 2009, by section 704(3) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 2(1) marketplace: inserted, on 1 October 2016, by section 52(5) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) member: inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 82(5) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) name: inserted, on 13 March 1992, by section 2 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 2(1) new fine metal: inserted (with effect on 3 December 1985), on 8 August 1986, by section 2(9) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) New Zealand: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) New Zealand unit: repealed (with effect on 1 January 2009), on 6 October 2009, by section 704(4) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 2(1) non-profit body paragraph (b): amended (with effect on 1 July 1994), on 14 September 1994, by section 2(b) of the Goods and Services Tax Amendment Act 1994 (1994 No 77).
Section 2(1) non-resident: inserted, on 25 November 2003, by section 140(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 2(1) non-taxable use: inserted, on 30 March 2017, by section 345(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 2(1) notice: inserted, on 2 June 2016, by section 182 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 2(1) notify: inserted, on 2 June 2016, by section 182 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 2(1) Office of Parliament: inserted, on 1 July 1991, by section 2(2) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 2(1) Office of Parliament paragraph (b): repealed, on 1 July 1993, by section 129(1) of the Privacy Act 1993 (1993 No 28).
Section 2(1) officer of the department: inserted (with effect on 1 April 1995), on 2 September 1996, by section 51(2) of the Taxation (Remedial Provisions) Act 1996 (1996 No 159).
Section 2(1) partnership and partner: inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 82(6) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) penal tax: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 2(4) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 2(1) percentage actual use: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(6) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) percentage actual use: amended, on 1 October 2016, by section 52(6) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) percentage difference: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(6) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) percentage difference: amended, on 1 October 2016, by section 52(7) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) percentage intended use: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(6) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) percentage intended use: amended, on 1 October 2016, by section 52(8) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) previous actual use: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(6) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) principal place of residence: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 4(7) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 2(1) principal place of residence: amended (with effect from 1 April 2011), on 29 August 2011, by section 235(1)(c) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 2(1) prize competition: inserted, on 17 July 2013, by section 120(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 2(1) provisional tax: inserted, on 1 October 2007, by section 283(6) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 2(1) provisional tax: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) public authority: amended (with effect in relation to the Parliamentary Service on 1 October 1986 and in relation to the Office of the Clerk of the House of Representatives on 1 August 1988), on 6 October 2009, by section 704(5) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 2(1) public authority: amended, on 10 April 1995, by section 2(2)(a) of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
Section 2(1) Railways assets and liabilities, Railways assets, and Railways liabilities: inserted (with effect on 31 December 2012), on 17 July 2013, by section 120(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 2(1) Railways vesting: inserted (with effect on 31 December 2012), on 17 July 2013, by section 120(3) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 2(1) refiner of fine metal: inserted (with effect on 3 December 1985), on 8 August 1986, by section 2(9) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) remote services: inserted, on 1 October 2016, by section 52(9) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 2(1) request: inserted, on 2 June 2016, by section 182 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 2(1) resident: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) resident proviso: substituted (with effect on 3 December 1985), on 8 August 1986, by section 2(6) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) resident proviso: amended, on 21 December 2004, by section 144(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 2(1) resident proviso paragraph (b): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 82(7) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) resident proviso paragraph (c): inserted, on 30 June 2014, by section 185(3) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 2(1) residential establishment: inserted (with effect on 3 December 1985), on 8 August 1986, by section 2(9) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) return of income: inserted, on 1 October 2007, by section 283(7) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 2(1) revenue from the Crown: substituted (with effect on 1 July 1989), on 19 December 1989 (applying to supplies made on or after 1 July 1989), by section 2(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 2(1) revenue from the Crown: amended, on 10 April 1995, by section 2(2)(b) of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
Section 2(1) secondhand goods: substituted, on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 2(1) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 2(1) secondhand goods paragraph (b): replaced, on 30 March 2017, by section 345(3) (and see section 345(5) and (6)) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 2(1) secondhand goods paragraph (c): added, on 22 March 1989 (applying to supplies made on or after 22 March 1989), by section 2(4) of the Goods and Services Tax Amendment Act 1989 (1989 No 8).
Section 2(1) service occupancy agreement: inserted, on 19 December 1989, by section 2(2) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 2(1) shortfall penalty: inserted, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 2(5) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 2(1) tax file number: inserted, on 23 September 1997, by section 109 of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).
Section 2(1) tax file number: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) tax invoice: amended, on 19 December 2007, by section 271(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 2(1) tax payable: amended, on 1 April 1991, by section 2(4) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 2(1) tax payable paragraph (a): amended, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 144(2) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 2(1) tax payable paragraph (b): substituted, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 2(6) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 2(1) tax payable paragraph (c): added (with effect on 3 December 1985), on 8 August 1986, by section 2(8) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) tax payable paragraph (c): amended, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 2(7) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 2(1) tax payable paragraph (c): amended, on 1 April 1991, by section 2(4) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 2(1) tax year: inserted, on 1 October 2007, by section 283(8) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 2(1) tax year: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) taxable period: amended, on 1 October 2007, by section 283(9) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 2(1) taxable supply: substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 82(8) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) taxable supply: amended, on 1 July 2003, by section 152(3) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 2(1) taxable use: inserted, on 30 March 2017, by section 345(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 2(1) Taxation Review Authority: amended, on 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 2(1) telecommunications services: inserted, on 1 July 2003, by section 152(4) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 2(1) telecommunications supplier: inserted, on 1 July 2003, by section 152(4) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 2(1) trustee: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Section 2(1) trustee: amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 2(1) unconditional gift: inserted (with effect on 3 December 1985), on 8 August 1986, by section 2(9) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 2(1) unconditional gift: amended (with effect on 3 December 1985), on 22 June 1987 (applying to supplies made on or after 3 December 1985), by section 2(1) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
Section 2(1) unincorporated body: inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 82(9) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2(1) unit title body corporate: inserted (with effect on 1 October 1986), on 24 February 2016, by section 273(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 2(1) unit title body corporate: replaced (with effect on 20 June 2011), on 24 February 2016, by section 273(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 2(1) warranty: inserted, on 17 October 2002 (applying on and after 1 August 2002), by section 96(1) of the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32).
Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
Section 2(1) zero-rating of land rules: inserted (with effect on 1 April 2011), on 2 November 2012, by section 207(4) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
2A Meaning of associated persons
(1)
In this Act, associated persons or persons associated with each other are—
(a)
two companies if a group of persons—
(i)
has voting interests in each of those companies of 50% or more when added together; or
(ii)
has market value interests in each of those companies of 50% or more when added together and a market value circumstance exists in respect of either company; or
(iii)
has control of each of those companies by any other means whatsoever:
(b)
a company and a person other than a company if the person has—
(i)
a voting interest in the company of 25% or more; or
(ii)
a market value interest in the company of 25% or more and a market value circumstance exists in respect of the company:
(bb)
a person, or a branch or division of the person that is treated as a separate person under section 56B, and another branch or division of the person that is treated as a separate person under section 56B:
(c)
two persons who are—
(i)
connected by blood relationship:
(ii)
connected by marriage, civil union or de facto relationship:
(iii)
connected by adoption:
(iv)
[Repealed](cb)
a trustee of a trust and another person (person A), if—
(i)
person A is associated with another person (the relative) under paragraph (c); and
(ii)
the relative is associated with the trustee under paragraph (f):
(d)
a partnership and a partner in the partnership:
(e)
a partnership and a person if the person is associated with a partner in the partnership:
(f)
a trustee of a trust and a person who has benefited or is eligible to benefit under the trust, except if, in relation to a supply of goods and services,—
(i)
the trustee is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic, or cultural purposes and the supply is made in carrying out these purposes; or
(ii)
the person is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic, or cultural purposes and the supply enables them to carry out these purposes:
(g)
a trustee of a trust and a settlor of the trust, except if the trustee is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic or cultural purposes:
(h)
a trustee of a trust and a trustee of another trust if the same person is a settlor of both trusts, except if, in relation to a supply of goods and services,—
(i)
either trustee is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic, or cultural purposes; and
(ii)
the supply is made in, or enables, the carrying out of the charitable, benevolent, philanthropic, or cultural purposes:
(i)
a person (person A) and another person (person B) if—
(i)
person B is associated with a third person (person C) under any one of paragraphs (a) to (h); and
(ii)
person C is associated with person A under any one of paragraphs (a) to (h).
(2)
For the purpose of subsection (1)(a), group of persons has the meaning set out in section YA 1 of the Income Tax Act 2007.
(3)
For the purpose of subsection (1)(a) and (1)(b)—
(a)
market value circumstance has the meaning set out in section YA 1 of the Income Tax Act 2007, as if the reference to “this Act”
in paragraph (e) of the definition were to “the Goods and Services Tax Act 1985”
:
(b)
market value interest has the meaning set out in paragraph (a) of the definition of market value interest in section YA 1 of the Income Tax Act 2007:
(c)
voting interest has the meaning set out in paragraph (a) of the definition of voting interest in section YA 1 of the Income Tax Act 2007.
(4)
For the purpose of subsection (1)(a) and (1)(b), if a person (person A) and another person (person B) are associated persons under any of subsection (1)(c) to (1)(i), person A is treated as holding anything held by person B.
(5)
[Repealed](6)
For the purpose of subsection (1)(c)—
(a)
persons are connected by blood relationship if they are within the second degree of relationship:
(b)
persons are connected by marriage, civil union or de facto relationship if one is in a marriage, civil union or de facto relationship with the other or with a person who is connected by blood relationship to the other:
(c)
persons are connected by adoption if one has been adopted as the child of the other or as a child of a person who is within the first degree of relationship to the other.
(7)
For the purpose of subsection (1)(g) and (1)(h), settlor has the meaning set out in section YA 1 of the Income Tax Act 2007.
(8)
Subsection (1)(i) does not apply if 2 persons (persons A and B) are both associated with a third person (person C) under subsection (1)(c).
Section 2A: inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 83(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 2A(1)(bb): inserted, on 1 January 2005, by section 141 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 2A(1)(c): substituted, on 26 April 2005, by section 3(1) of the Goods and Services Tax Amendment Act 2005 (2005 No 9).
Section 2A(1)(c)(iv): repealed, on 18 December 2006, by section 211(a) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 2A(1)(cb): inserted, on 18 December 2006, by section 211(b) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 2A(1)(f): substituted, on 8 December 2009, by section 145(1) of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 2A(1)(g): substituted, on 27 March 2001 (applying on and after 10 October 2000), by section 61(1) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 2A(1)(h): substituted, on 8 December 2009, by section 145(2) of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 2A(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2A(3)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2A(3)(a): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 2A(3)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2A(3)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2A(5): repealed, on 26 April 2005, by section 3(1) of the Goods and Services Tax Amendment Act 2005 (2005 No 9).
Section 2A(6): amended, on 26 April 2005, by section 3(1) of the Goods and Services Tax Amendment Act 2005 (2005 No 9).
Section 2A(6)(b): substituted, on 1 April 2007, by section 3(2) of the Goods and Services Tax Amendment Act 2005 (2005 No 9).
Section 2A(7): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
3 Meaning of term financial services
(1)
For the purposes of this Act, the term financial services means any 1 or more of the following activities:
(a)
the exchange of currency (whether effected by the exchange of bank notes or coin, by crediting or debiting accounts, or otherwise):
(b)
the issue, payment, collection, or transfer of ownership of a cheque or letter of credit:
(c)
the issue, allotment, drawing, acceptance, endorsement, or transfer of ownership of a debt security:
(d)
the issue, allotment, or transfer of ownership of an equity security or a participatory security:
(e)
underwriting or sub-underwriting the issue of an equity security, debt security, or participatory security:
(f)
the provision of credit under a credit contract:
(g)
the renewal or variation of a debt security, equity security, participatory security, or credit contract:
(h)
the provision, taking, variation, or release of a guarantee, indemnity, security, or bond in respect of the performance of obligations under a cheque, credit contract, equity security, debt security, or participatory security, or in respect of the activities specified in paragraphs (b) to (g):
(i)
the provision, or transfer of ownership, of a life insurance contract or the provision of re-insurance in respect of any such contract:
(j)
the provision, or transfer of ownership, of an interest in a retirement scheme, or the management of a retirement scheme:
(k)
the provision or assignment of a futures contract through a defined market or at arm’s length if—
(i)
the contract does not provide for the delivery of a commodity; or
(ii)
the contract provides for the delivery of a commodity and the supply of the commodity is an exempt supply; or
(iii)
the contract provides for the delivery of money:
(kaa)
the provision or transfer of ownership of a financial option:
(ka)
the payment or collection of any amount of interest, principal, dividend, or other amount whatever in respect of any debt security, equity security, participatory security, credit contract, contract of life insurance, retirement scheme, financial option, or futures contract:
(l)
agreeing to do, or arranging, any of the activities specified in paragraphs (a) to (ka), other than advising thereon:
(m)
the investment in an entity, if—
(i)
the investment is in an equity security equal to or greater than 10% of all equity securities issued by the entity or in a participatory security equal to or greater than 10% of all participatory securities issued by the entity; and
(ii)
the investment allows the investor, or a person acting on behalf of the investor, to influence the management of the business of the entity:
(n)
the evaluation by an investor of an investment referred to in paragraph (m) in an entity and the planning or acting by the investor to influence the management of an entity for the principal purpose of preserving or increasing the value of such an investment.
(2)
For the purposes of this section—
cheque means a cheque as defined in the Bills of Exchange Act 1908, an instrument specified in section 5(2) of the Cheques Act 1960, a postal note, a money order, a traveller’s cheque, or any order or authorisation (whether in writing, by electronic means, or otherwise) to a financial institution to credit or debit any account
contributory scheme—
(a)
means any scheme or arrangement that, in substance and irrespective of the form of the scheme or arrangement, involves the investment of money where—
(i)
the investor acquires or may acquire an interest in or right in respect of property; and
(ii)
that interest or right will or may be, under the terms of investment, used or exercised in conjunction with any other interest in or right in respect of property acquired in similar circumstances, whether at the same time or not; but
(b)
does not include a scheme or arrangement described in paragraph (a) that has 5 or fewer investors, provided that neither the manager of the scheme nor any associated person of the manager is the manager of another such scheme or arrangement
credit contract means a credit contract as defined in section 3 of the Credit Contracts Act 1981 immediately before the repeal of that Act
currency means any banknote or other currency of any country, other than when used as a collector’s piece, investment article, item of numismatic interest, or otherwise than as a medium of exchange
debt security means any interest in or right to be paid money that is, or is to be, owing by any person; but does not include a cheque
equity security means any interest in or right to a share in the capital of a body corporate
general accounting and record package services, in relation to financial services, includes—
(a)
the provision of any financial clearing system which may form part of a settlement process; and
(b)
the posting of transactions to customers’ accounts; and
(c)
the maintenance of those customers’ accounts; and
(d)
the provision of any ancillary services (such as network management, software support and development) supplied in relation to the services referred to in any of paragraphs (a), (b), and (c),—
but does not include the services referred to in paragraphs (a) to (d) where those services are supplied by a supplier of a financial service and are reasonably incidental and necessary to the supply of that financial service by that supplier of the financial service
life insurance contract means a contract lawfully entered into to the extent that it places a sum or sums at risk upon the contingency of the termination or continuance of human life, marriage, civil union or de facto relationship, or the birth of a child, but not to the extent that it provides for entitlements under Schedule 1, Part 4 of the Accident Compensation Act 2001 (which relates to entitlements arising from fatal injuries)
participatory security means any interest or right to participate in any capital, assets, earnings, or other property of any person where that interest or right forms part of a contributory scheme; and includes an interest in a unit trust (within the meaning of section YA 1 of the Income Tax Act 2007); but does not include an equity security, a debt security, money, or a cheque
retirement scheme has the meaning given in section 6(1) of the Financial Markets Conduct Act 2013.
(3)
Notwithstanding subsection (2), the terms debt security, equity security, and participatory security do not include any of the following:
(a)
a life insurance contract or any other contract of insurance:
(b)
[Repealed](c)
a share in the share capital of a flat-owning or office-owning company (as defined in section 121A of the Land Transfer Act 1952):
(d)
an interest in a retirement scheme.
(3B)
Despite subsection (2), a person who is a party to an arrangement that is a credit contract but is not a credit contract under section 7 of the Credit Contracts and Consumer Finance Act 2003 may elect that the arrangement be treated under this section as not being a credit contract in relation to the person.
(3C)
Despite subsection (2), a person who is a party to an arrangement that is not a credit contract but is a credit contract under section 7 of the Credit Contracts and Consumer Finance Act 2003 may elect that the arrangement be treated under this section as being a credit contract in relation to the person.
(4)
Despite this section, financial services does not include—
(a)
the assignment or other transfer of a right to receive payment in relation to a taxable supply if, as a result of the assignment or transfer, output tax for the supply would not be or become attributable to a taxable period for the purpose of section 20(4):
(b)
debt collection services provided by a person other than the creditor whose debt is being collected.
(5)
Notwithstanding anything in this section, where any person supplies goods and services (being the supply of general accounting and record package services) to any person who is a supplier of financial services, or to a customer of the person who is a supplier of financial services, that supply shall, for the purposes of this Act, be deemed not to be a supply of financial services.
Section 3(1)(j): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 3(1)(k): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 84(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 3(1)(kaa): replaced, on 30 March 2017, by section 346(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 3(1)(ka): inserted (with effect on 3 December 1985), on 8 August 1986, by section 3(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 3(1)(ka): amended, on 30 March 2017, by section 346(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 3(1)(l): amended, on 18 December 2006, by section 212 of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 3(1)(l): amended (with effect on 3 December 1985), on 8 August 1986, by section 3(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 3(1)(m): added, on 18 December 2006, by section 212 of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 3(1)(n): added, on 18 December 2006, by section 212 of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 3(2) contributory scheme: inserted, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 3(2) credit contract: substituted (with effect on 1 April 2005), on 3 April 2006, by section 284(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 3(2) general accounting and record package services: inserted, on 19 December 1989 (applying to supplies made on or after 19 December 1989), by section 3(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 3(2) life insurance contract: substituted, on 8 September 1999 (applying on and after 1 April 1999), by section 78(1) of the Taxation (Remedial Matters) Act 1999 (1999 No 98).
Section 3(2) life insurance contract: amended (with effect on 1 April 2002), on 30 June 2014, by section 186 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 3(2) life insurance contract: amended, on 1 April 2007, by section 3(2) of the Goods and Services Tax Amendment Act 2005 (2005 No 9).
Section 3(2) participatory security: amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 3(2) retirement scheme: inserted, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 3(2) superannuation scheme: repealed, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 3(3)(b): repealed, on 3 April 2006 (applying for supplies of financial services that are made on or after 3 April 2006), by section 284(2) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 3(3)(c): amended (with effect on 1 July 1994), on 25 November 2003, by section 142 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 3(3)(d): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 3(3B): inserted (with effect on 1 April 2005), on 3 April 2006, by section 284(3) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 3(3C): inserted (with effect on 1 April 2005), on 3 April 2006, by section 284(3) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 3(4): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 84(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 3(5): added, on 19 December 1989 (applying to supplies made on or after 19 December 1989), by section 3(2) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
3A Meaning of input tax
(1)
Input tax, in relation to a registered person, means—
(a)
tax charged under section 8(1) on a supply of goods or services acquired by the person:
(b)
tax levied under section 12(1) on goods entered for home consumption under the Customs and Excise Act 1996 by the person:
(c)
an amount determined under subsection (3) after applying subsection (2).
(2)
In the case of a supply by way of sale to a registered person of secondhand goods situated in New Zealand, the amount of input tax is determined under subsection (3) if—
(a)
the supply is not a taxable supply; and
(b)
the supply is not—
(i)
a supply of goods previously supplied to a registered person who has entered them for home consumption under the Customs and Excise Act 1996, whether the person is registered at the time they enter the goods for home consumption or later; and
(ii)
a supply of goods made by a non-resident, whether or not they made the earlier supply referred to in subparagraph (i); and
(c)
the goods acquired by the person for making taxable supplies are either—
(i)
not charged with tax at the rate of 0% under section 11A(1)(q) or (r); or
(ii)
charged with tax at the rate of 0% under section 11A(1)(q) or (r) and, before the acquisition, have never been owned or used by the person or an associated person.
(3)
The amount of input tax is—
(a)
if the supplier and the recipient are associated persons, the lesser of—
(i)
the tax included in the original cost of the goods to the supplier; and
(ii)
the tax fraction of the purchase price; and
(iii)
the tax fraction of the open market value of the supply; or
(b)
if the supplier and the recipient are associated persons and the supplier is deemed to have made a supply of the goods under section 5(3) that has been valued under section 10(7A), the lesser of—
(i)
the tax fraction of the open market value of the deemed supply under section 5(3); and
(ii)
the tax fraction of the purchase price; and
(iii)
the tax fraction of the open market value of the supply; or
(c)
if the supplier and the recipient are associated persons and the supplier is deemed to have made a supply of the goods under section 5(3) that has been valued under section 10(8), the lesser of—
(i)
the tax fraction of the valuation under section 10(8) of the deemed supply under section 5(3); and
(ii)
the tax fraction of the purchase price; and
(iii)
the tax fraction of the open market value of the supply; or
(d)
if the supplier and the recipient are not associated persons and the supply is not the only matter to which the consideration relates, the lesser of—
(i)
the tax fraction of the purchase price; and
(ii)
the tax fraction of the open market value of the supply; or
(e)
in all other cases, the tax fraction of the consideration in money for the supply.
(3B)
Despite subsection (3)(a), if a supply wholly or partly consists of land, and is part of an arrangement involving more than 2 associated parties and more than 1 supply, the amount of input tax for the supply must not be more than the amount accounted for as output tax for all supplies that are part of the arrangement.
(3C)
For a supply of goods or services meeting the requirements of section 21B(1)(a)(i) and (b), when the goods or services have been acquired from an associated person, the amount of input tax must not be more than the amount accounted for as output tax by the supplier of the goods or services.
(4)
[Repealed](4A)
[Repealed](5)
For the purpose of subsection (3), tax fraction means the tax fraction that applies at the time of supply.
Section 3A: inserted, on 10 October 2000 (applying to supplies made on and after 10 October 2000), by section 85(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 3A(1)(a): substituted, on 1 April 2011, by section 5(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 3A(1)(b): substituted, on 1 April 2011, by section 5(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 3A(2)(b): replaced (with effect on 14 September 2011), on 2 November 2012, by section 208(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 3A(2)(c): substituted, on 1 April 2011, by section 5(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 3A(3B): inserted, on 1 April 2011, by section 5(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 3A(3C): inserted, on 1 April 2011, by section 5(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 3A(3C): amended (with effect on 1 April 2011), on 2 November 2012, by section 208(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 3A(4): repealed (with effect on 1 April 2011), on 2 November 2012, by section 208(3) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 3A(4A): repealed, on 1 April 2011, by section 5(4) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
4 Meaning of term open market value
(1)
For the purposes of this section—
(a)
the term similar supply, in relation to a supply of goods and services, means any other supply of goods and services that, in respect of the characteristics, quality, quantity, functional components, materials, and reputation of the goods and services first mentioned, is the same as, or closely or substantially resembles, that supply of goods and services:
(b)
the open market value of a supply shall include any goods and services tax charged pursuant to section 8(1) on that supply.
(2)
For the purposes of this Act, the open market value of any supply of goods and services at any date shall be the consideration in money which the supply of those goods and services would generally fetch if supplied in similar circumstances at that date in New Zealand, being a supply freely offered and made between persons who are not associated persons.
(3)
Where the open market value of any supply of goods and services cannot be determined under subsection (2), the open market value shall be the consideration in money which a similar supply would generally fetch if supplied in similar circumstances at that date in New Zealand, being a supply freely offered and made between persons who are not associated persons.
(4)
Where the open market value of any supply of goods and services cannot be determined pursuant to subsection (2) or subsection (3), the open market value shall be determined in accordance with a method approved by the Commissioner which provides a sufficiently objective approximation of the consideration in money which could be obtained for that supply of those goods and services.
(5)
For the purposes of this Act the open market value of any consideration, not being consideration in money, for a supply of goods and services shall be ascertained in the same manner, with any necessary modifications, as the open market value of any supply of goods and services is ascertained pursuant to the foregoing provisions of this section.
Section 4(1)(b): substituted (with effect on 3 December 1985), on 8 August 1986, by section 4 of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 4(3): amended, on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 3 of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
5 Meaning of term supply
(1)
For the purposes of this Act, the term supply includes all forms of supply.
(2)
For the purposes of this Act, where any goods acquired (whether in terms of a hire purchase agreement or otherwise) or produced by a person (that person being referred to hereafter in this subsection as the first person) are sold, under a power exercisable by another person (that person being referred to hereafter in this subsection as the second person), in or towards the satisfaction of a debt owed by the first person, those goods shall be deemed to be supplied in the course or furtherance of a taxable activity carried on by the first person (being deemed a registered person), unless—
(a)
the supply of those goods would not be a taxable supply if those goods were sold by the first person (notwithstanding that the first person may not be the owner of those goods) and the first person has furnished to the second person a statement in writing stating fully and correctly the reasons why that supply would not be a taxable supply; or
(b)
where the second person has not been notified as described in paragraph (a), that person may determine, in relation to any reasonable information held, that the supply of those goods would not have been a taxable supply if those goods had been sold by the first person (notwithstanding that the first person may not be the owner of those goods).
(3)
For the purposes of this Act, where a person ceases to be a registered person, any goods and services then forming part of the assets of a taxable activity carried on by that person shall be deemed to be supplied by that person in the course of that taxable activity at a time immediately before that person ceases to be a registered person, unless the taxable activity is carried on by another person who, pursuant to section 58, is deemed to be a registered person.
(3A)
[Repealed](3B)
For the purposes of this Act, when a person who is a non-resident ceases to be a registered person,—
(a)
any goods that are part of the assets of the taxable activity carried on by the person that are present in New Zealand at the time the person ceases to be registered are treated as supplied by the person in the course of the taxable activity at a time immediately before the person ceases to be registered:
(b)
any services that would be performed in New Zealand as part of the taxable activity carried on by the person at the time the person ceases to be registered are treated as performed by the person in the course of the taxable activity at a time immediately before the person ceases to be registered.
(3C)
For an asset affected by subsection (3) or (3B), if a transfer of ownership of the asset would be a financial service, the subsection deems the person to make a supply of the asset by a transfer of ownership.
(4)
For the purposes of this Act, a credit agreement to which subpart 2 of Part 4A of the Fair Trading Act 1986 applies shall not constitute a supply of goods and services unless the purchaser has failed to exercise the right under section 36M of that Act to cancel the agreement within the period made available to the purchaser by that section.
(5)
For the purposes of this Act, any contract that is a layby sale to which subpart 1 of Part 4A of the Fair Trading Act 1986 applies shall not constitute a supply of goods and services unless the goods which are the subject of the contract are delivered to the buyer and the property therein is transferred to the buyer:
provided that a supply of services shall, in respect of any such contract, be deemed to have taken place where—
(a)
a layby sale is cancelled pursuant to section 36F or 36G of the Fair Trading Act 1986; and
(b)
the seller either—
(i)
retains any amount paid to the seller to recoup that seller’s cancellation charge in respect of the layby sale; or
(ii)
recovers any amount (including, or in addition to, the amount referred to in subparagraph (i)) from the buyer,—
pursuant to section 36H(b) and (c) of the Fair Trading Act 1986.
(6)
For the purposes of this Act, every public authority is deemed to supply goods and services where, within the meaning of the Public Finance Act 1989, any amount is brought to charge by the public authority as revenue from the Crown for the supply of outputs.
(6AA)
For the purposes of this Act, a levy that is paid under the Climate Change Response Act 2002 is treated as if it were consideration for a supply of services in furtherance of a taxable activity carried on by—
(a)
the New Zealand Transport Agency, if the levy is paid under section 228 of that Act; or
(b)
the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011, if the levy is recovered under section 230 of that Act.
(6A)
For the purposes of this Act, any registration fee paid pursuant to section 243(1)(b)(i) of the Land Transport Act 1998 and any licence fees paid pursuant to section 244(2) of that Act are deemed to be consideration for a supply of services in the course or furtherance of a taxable activity carried on by the New Zealand Transport Agency.
(6AB)
For the purposes of this Act, a levy that is paid to Fire and Emergency New Zealand under subpart 2 of Part 3 of the Fire and Emergency New Zealand Act 2017 and is not a shortfall penalty (within the meaning of that Act) or interest payable under that Act is treated as being consideration for a supply of services to the levy payer or policyholder in the course or furtherance of a taxable activity carried on by the Commission.
(6AC)
For the purposes of this Act, a levy that is paid under the Waste Minimisation Act 2008 is treated as being consideration for a supply of services in the course or furtherance of a taxable activity. For the purposes of this subsection, the payment of the levy includes, and is for, the following transactions:
(a)
a payment made by a waste disposal facility user to a waste disposal facility operator; and
(b)
a payment made by a waste disposal facility operator to the Secretary for the Ministry for the Environment; and
(c)
a payment made by the Secretary to a funding recipient or territorial authority to fund waste minimisation activities in the community as described in section 30 of the Waste Minimisation Act 2008.
(6B)
For the purposes of this Act, any amount of road user charges paid pursuant to the Road User Charges Act 2012 is deemed to be a consideration for a supply of services in the course or furtherance of a taxable activity carried on by the New Zealand Transport Agency.
(6C)
For the purposes of this Act, the amount of any deposit specified in, and paid under, section 127A or section 144 or section 146F of the Electoral Act 1993 is deemed to be consideration (inclusive of tax) for a supply of services by the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Electoral Act 1993 in the course or furtherance of a taxable activity, and that supply is deemed to take place when and if the deposit is forfeited under section 127A(3) or section 144(3) or section 146F(3) of that Act.
(6CA)
For the purposes of this Act, the amount of any deposit referred to in, and paid under, section 55 of the Local Electoral Act 2001 is deemed to be consideration (inclusive of tax) for a supply of services by the relevant local authority in the course or furtherance of a taxable activity, and that supply is deemed to take place when and if the deposit is forfeited under section 59 of that Act.
(6D)
For the purposes of this Act, where any payment in the nature of a grant or subsidy is made on behalf of the Crown or by any public authority to—
(a)
any person (not being a public authority) in relation to or in respect of that person’s taxable activity; or
(b)
any person for the benefit and on behalf of another person in relation to or in respect of that other person’s taxable activity,—
that payment shall be deemed to be consideration for a supply of goods and services by the person to whom or for whose benefit the payment is made in the course or furtherance of that person’s taxable activity.
(6E)
For the purposes of subsection (6D), the term payment in the nature of a grant or subsidy—
(a)
includes—
(i)
any suspensory loan or advance, when that loan or advance becomes non-repayable by reason of its conditions for non-repayment being satisfied; and
(ii)
any payment in the nature of a grant or subsidy of a kind that is declared by the Governor-General by Order in Council to be a taxable grant or subsidy for the purposes of subsection (6D), being a payment that, but for such declaration, would be excluded from this definition by virtue of paragraph (b)(ii):
(b)
does not include—
(i)
any payment of a benefit paid under the Social Security Act 1964; or
(ii)
subject to paragraph (a)(ii), any other payment made to a person where the payment is for the personal use and benefit of the person or, as the case may be, a relative (as defined in paragraphs (c) and (d) of the definition of that term in section YA 1 of the Income Tax Act 2007) of the person; or
(iii)
any payment of a kind that is declared by the Governor-General by Order in Council not to be a taxable grant or subsidy for the purposes of subsection (6D).
(6F)
For the purposes of this Act, the amount payable by the Crown or the agency under the Housing Restructuring and Tenancy Matters Act 1992 under a reimbursement agreement or a tailored agreement under that Act for the provision of accommodation in social housing is treated as consideration for the supply of accommodation in a dwelling by way of hire.
(7)
For the purposes of this Act—
(a)
every local authority is deemed to supply goods and services to any person where any amount of rates is payable by that person to that local authority:
(b)
the Chatham Islands Council is treated as supplying goods and services to a person if an amount of council dues, as defined in section 2 of the Chatham Islands Council Act 1995, is payable by the person to the Chatham Islands Council.
(7B)
For the purposes of this Act, a local authority is treated as supplying goods and services to a person if the local authority requires a contribution from the person as—
(a)
a financial contribution that is a condition of a resource consent under the Resource Management Act 1991:
(b)
a development contribution under the Local Government Act 2002.
(7C)
For the purposes of this Act, a person who makes a contribution to a local authority is treated as supplying goods and services to the local authority to the extent that the contribution consists of land and is—
(a)
a financial contribution that is a condition of a resource consent under the Resource Management Act 1991:
(b)
a development contribution under the Local Government Act 2002.
(7D)
[Repealed](7E)
[Repealed](8A)
For the purposes of this Act, a levy or other amount paid to a unit title body corporate by a member of the body corporate is treated as being consideration received for services supplied by the body corporate to the member.
(8AB)
For the purposes of this Act, a unit title body corporate is treated as receiving, on the day when the body corporate becomes a registered person (the registration day), consideration for a service, supplied on the registration day by the body corporate in the course of its taxable activity, equal in value to the total value held by the body corporate on the registration day of money and of assets that are not common property and were received by the body corporate as exempt supplies.
(8)
Despite any other provision of this Act, for the purposes of this Act, if any racing betting or sports betting (within the meaning of section 5 of the Racing Act 2003) is conducted by the Board (as defined in section 5 of the Racing Act 2003), the betting must be regarded as a supply of services by the Board.
(9)
[Repealed](10)
For the purposes of this Act, an amount of money paid by a person to participate in gambling (including a New Zealand lottery) or in a prize competition is treated as a payment for a supply of services by the following:
(a)
for gambling, by the person, society, licensed promoter, or organiser who under the Gambling Act 2003 conducts the gambling:
(b)
for a prize competition, by the person who conducts the prize competition.
(10B)
For the purposes of this Act, when a person who is resident in New Zealand pays an amount of money to participate in gambling or in a prize competition through a supply of remote services that are physically performed outside New Zealand, the payment is treated as a payment for a supply of services by the person who conducts the gambling or prize competition, as applicable.
(11)
For the purposes of subsections (10) and (10B)—
(a)
the terms gambling, New Zealand lottery, licensed promoter, and society have the meanings set out in section 4(1) of the Gambling Act 2003:
(b)
the term organiser means the New Zealand Lotteries Commission continued by section 236 of the Gambling Act 2003.
(11A)
[Repealed](11B)
Despite anything in this Act, for the purposes of this Act if a person pays to a casino an amount in money—
(a)
to purchase a chip or otherwise participate in gambling played or conducted in a casino venue; or
(b)
as commission for participating in gambling played or conducted in a casino venue,—
the money paid must be treated as payment for the supply of services by the holder of the casino operator’s licence.
(11C)
For the purposes of subsection (11B), the terms casino venue, chip, and gambling have the meanings set out in section 4(1) of the Gambling Act 2003.
(11CB)
For the purposes of this Act, if a registered person in the course of a taxable activity receives a prize from a racing club or racing code for the performance in a race of a horse or greyhound owned by the registered person, the prize is treated as being consideration for a service provided by the registered person to the racing club or racing code in the course of the taxable activity.
(11CC)
For the purposes of subsection (11CB), race, racing club, and racing code have the meaning set out in section 5(1) of the Racing Act 2003.
(11D)
Subsections (11E) to (11I) apply to a token, stamp or voucher that gives the recipient the right to receive goods and services, other than a token, stamp or voucher issued for no consideration.
(11E)
The issue or sale of a token, stamp or voucher is treated as a supply of goods and services.
(11EA)
A supply does not include the issue or sale of a token, stamp or voucher by a registered person to another registered person who subsequently issues or sells the token, stamp or voucher, unless the first-mentioned registered person is the person who supplies the goods and services on redemption of the token, stamp or voucher.
(11F)
A supply of goods and services is not treated as being made to the extent that goods and services are supplied for the redemption of a token, stamp or voucher.
(11G)
Despite subsection (11F), the supplier of a token, stamp or voucher, with a face value may treat the supply of goods and services on the redemption of the token, stamp or voucher instead of the issue or sale, as a supply of goods and services—
(a)
if it is not practical to treat the issue or sale as a supply of goods and services; and
(b)
if the supplier of the goods and services and the issuer or seller of the token, stamp or voucher are, or could be, different persons, the issuer and the supplier, or the seller and the supplier, agree, or are parties to an agreement.
(11GA)
For the purpose of subsection (11G)(a), a situation in which it may not be practical to treat the issue or sale as a supply of goods and services includes one in which the issuer or seller of a token, stamp or voucher and the supplier of the goods and services for which the token, stamp or voucher is redeemed may be different persons.
(11H)
Subsection (11G) does not apply to the extent that the consideration that is received for the supply is more than the face value of the token, stamp or voucher.
(11I)
Subsection (11G) does not apply to the supply of—
(a)
an adhesive label, or a mark or design, that is—
(i)
issued or sold by a person to another person; and
(ii)
affixed to, impressed on, or printed on stationery; and
(iii)
indicates pre-payment of the fee chargeable for the carriage of a letter, parcel, or other article; and
(iv)
not intended to distinguish the article to which it relates from similar articles carried by the same person:
(b)
a token, stamp or voucher that gives the recipient the right to receive services described in section 11A(2).
(12)
The disposition of a taxable activity as a going concern shall be deemed to be a supply of goods made in the course or furtherance of the taxable activity.
(13)
For the purpose of this Act, except for subsection (13B) and section 20(3), if a registered person receives a payment under a contract of insurance, whether or not the person is a party to the contract, the payment is, to the extent that it relates to a loss incurred in the course or furtherance of the registered person’s taxable activity, deemed to be consideration received for a supply of services performed by the registered person—
(a)
on the day the registered person receives the payment; and
(b)
in the course or furtherance of the registered person’s taxable activity:
provided that this subsection shall not apply in respect of any payment received pursuant to a contract of insurance where—
(a)
the supply of that contract of insurance is not a supply charged with tax pursuant to section 8(1); or
(b)
that payment is in respect of an entitlement for any loss of earnings (being earnings within the meaning of the Accident Compensation Act 1982 or the Accident Rehabilitation and Compensation Insurance Act 1992 or the Accident Insurance Act 1998 or the Accident Compensation Act 2001); or
(c)
the supply of the contract of insurance is a supply that is chargeable with tax only because sections 5B and 8(4B) apply to it; or
(d)
the supply of the contract of insurance is a supply of remote services that is zero-rated under section 11A(1)(x).
(13A)
For the purposes of this Act, if a registered person receives any refund of excise duty or excise-equivalent duty paid out of a Crown Bank Account under section 41 of the Land Transport Management Act 2003, that refund is, to the extent that it relates to excise duty or excise-equivalent duty incurred for the principal purpose of making taxable supplies, deemed to be consideration received for a supply of services by that registered person in the course or furtherance of that person’s taxable activity.
(13B)
For the purposes of this Act, where—
(a)
an insurer recovers an amount (other than aggravated or exemplary damages) as a result of the exercise of rights acquired by subrogation under a contract of insurance; and
(b)
a deduction under section 20(3)(d) has been allowed to the insurer for the payment to which the recovered amount relates—
the amount recovered is deemed to be consideration received for a supply of services performed in the course of that insurer’s taxable activity, and a supply of services is deemed to be performed on the day of the insurer’s receipt of the amount.
(14)
(14B)
If part of a supply of an equity security or participatory security is the supply of a right to receive supplies of goods and services that are not exempt supplies, the supply of the right is treated as being a supply of goods and services made for a consideration.
(15)
When either of the following supplies are included in a supply, they are deemed to be a separate supply from the supply of any other real property that is included in the supply:
(a)
a supply of a principal place of residence:
(b)
a supply referred to in section 14(1)(d).
(16)
Where a registered person has claimed a deduction in accordance with section 20(3) in respect of the supply of a dwelling, any subsequent supply by the registered person of—
(a)
the dwelling; or
(b)
any land or other part of the dwelling that has ceased or will by reason of the supply cease to be appurtenant to or enjoyed with the dwelling,—
will, for the avoidance of doubt but subject to subsections (17), (18), and (19)(b), be deemed to be a taxable supply.
(17)
[Repealed](18)
Where a registered person has claimed a deduction in accordance with section 20(3) in respect of a proportion of a dwelling, the supply of that dwelling shall be deemed to be a taxable supply only to the extent that the proportion claimed bears to the whole dwelling.
(19)
A registered person who has claimed a deduction in accordance with section 20(3) in respect of the supply of a dwelling that is not used by the person principally for the purpose of making taxable supplies may, by notification to the Commissioner in such form as the Commissioner may approve made before 1 August 1996, elect to treat that dwelling as being supplied by the registered person in the taxable period in which that notification is given; in which case—
(a)
that supply will be treated by virtue of subsection (16) as a taxable supply; but
(b)
without prejudice to the application of any other provision of this Act, subsection (16) will not apply to any subsequent supply of the dwelling by the registered person.
(20)
A supply of services to which section 11A(1)(ma) applies is treated as the only supply of services for the consideration provided by the warrantor.
(21)
If goods and services are provided under warranty, the supply of the goods and services is treated as a supply of services for the purpose of section 11A(1)(ma).
(22)
In relation to a supply to which subsection (2) applies, if the supply by the first person would be zero-rated under section 11(1)(mb), the second person must zero-rate the supply in the same way.
(23)
If section 11(1)(mb) is treated as applying to a supply of goods and, after the date on which the relevant transaction is settled, it is found that the provision does not apply, the recipient of the supply is treated as if they were a supplier making, on the date of settlement, a supply of those goods that is chargeable with tax under section 8(1).
(24)
If a supply that wholly or partly consists of land is made, and the supply includes the provision of services, the supply of the services is treated as a supply of goods for the purposes of section 11(1)(mb).
(25)
For the purposes of this Act, an amount charged for the late payment of an account is treated as being consideration for a supply of services in the course or furtherance of a taxable activity, whether the amount is described as a fee, penalty, or other charge. But this subsection does not apply to the extent to which the amount is penalty or default interest, or a charge in the nature of penalty or default interest, that is imposed under—
(a)
a contract for the supply of goods and services:
(b)
an enactment.
(26)
A supply under subsection (25) is treated for tax purposes in the same way as the supply to which the amount charged for the late payment relates.
(27)
The Commissioner may treat a person resident in New Zealand who receives a supply of remote services to which section 8(3)(c) applies as if they were making a supply of services that is chargeable with tax under section 8(1) if—
(a)
the person has, for the purposes of avoiding the payment of tax, knowingly notified a fact or provided information under section 8B(6) that is altered, false, or misleading; and
(b)
after the date on which the services have been physically performed, it is found that the notification or provision of information has led to the supply being treated as—
(i)
zero-rated under section 11A(1)(x); or
(ii)
not being a service supplied in New Zealand; and
(c)
either—
(i)
the act of the person described in paragraph (a) is a repeated occurrence:
(ii)
the amount of tax that was not charged on the supply through the act described in paragraph (a) is substantial.
Section 5(2): substituted, on 19 December 1989, by section 4(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 5(2): amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
Section 5(2)(a): replaced, on 30 March 2017, by section 347(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 5(2)(b): amended, on 2 June 2016, by section 183(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 5(3): amended (with effect on 3 December 1985), on 22 June 1987 (applying to supplies made on or after 3 December 1985), by section 3(3) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
Section 5(3A): repealed, on 10 October 2000 (applying on 10 October 2000), by section 86(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(3B): inserted, on 1 April 2014, by section 121(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 5(3C): inserted (with effect on 1 October 1986), on 30 March 2017, by section 347(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 5(4): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 5(5): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 5(5)(a): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 5(5)(b): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 5(5)(b)(i): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 5(6): substituted, on 10 April 1995, by section 3(1) of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
Section 5(6AA): inserted, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Section 5(6A): substituted, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 5(6AB): inserted (with effect on 1 October 1986), on 21 June 2005, by section 155 of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 5(6AB): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
Section 5(6AC): inserted (with effect on 1 July 2009), on 8 December 2009, by section 147 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 5(6B): replaced, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).
Section 5(6C): substituted, on 28 February 2002, by section 102(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 5(6CA): inserted, on 28 February 2002, by section 102(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 5(6D): inserted (with effect on 1 October 1986), on 28 June 1991, by section 2(1) of the Goods and Services Tax Amendment Act (No 3) 1991 (1991 No 48).
Section 5(6E): inserted (with effect on 1 October 1986), on 28 June 1991, by section 2(1) of the Goods and Services Tax Amendment Act (No 3) 1991 (1991 No 48).
Section 5(6E)(b)(i): amended, on 1 October 1998, by section 57 of the Social Security Amendment Act 1998 (1998 No 19).
Section 5(6E)(b)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 5(6E)(b)(ii): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 5(6F): inserted, on 28 May 2015, by section 4 of the Taxation (Social Housing Reform) Act 2015 (2015 No 51).
Section 5(7)(a): substituted (with effect on 3 December 1985), on 8 August 1986, by section 5(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 5(7)(a) proviso: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 5(7)(b): substituted, on 10 October 2000 (applying on and after 1 November 1995), by section 86(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(7B): inserted, on 25 November 2003, by section 144(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 5(7C): inserted, on 25 November 2003, by section 144(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 5(7D): repealed, on 6 August 2010, by section 5(2) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).
Section 5(7E): repealed, on 6 August 2010, by section 5(2) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).
Section 5(8A): inserted (with effect on 1 October 1986), on 24 February 2016, by section 274(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 5(8AB): inserted (with effect on 26 February 2015), on 24 February 2016, by section 274(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 5(8): substituted, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).
Section 5(9): repealed, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).
Section 5(10): replaced, on 17 July 2013, by section 121(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 5(10B): inserted, on 1 October 2016, by section 53(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 5(11): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Section 5(11): amended, on 1 October 2016, by section 53(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 5(11A): repealed, on 1 August 1990, by section 3(1) of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
Section 5(11B): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Section 5(11C): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Section 5(11CB): inserted (with effect on 1 April 2012), on 30 March 2017, by section 347(3) (and see section 347(4)) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 5(11CC): inserted (with effect on 1 April 2012), on 30 March 2017, by section 347(3) (and see section 347(4)) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 5(11D): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 86(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(11D): amended, on 27 March 2001 (applying on and after 10 October 2000), by section 62(1) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 5(11E): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 86(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(11E): amended, on 27 March 2001 (applying on and after 10 October 2000), by section 62(2) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 5(11EA): inserted, on 27 March 2001 (applying on and after 10 October 2000), by section 62(3) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 5(11F): substituted, on 27 March 2001 (applying on and after 10 October 2000), by section 62(4) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 5(11G): substituted, on 27 March 2001 (applying on and after 10 October 2000), by section 62(5) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 5(11G): amended, on 24 October 2001 (applying on and after 10 October 2000), by section 238(1)(a) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
Section 5(11G)(a): amended, on 24 October 2001 (applying on and after 10 October 2000), by section 238(1)(b) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
Section 5(11G)(b): amended, on 24 October 2001 (applying on and after 10 October 2000), by section 238(1)(c) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
Section 5(11GA): inserted, on 27 March 2001 (applying on and after 10 October 2000), by section 62(5) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 5(11GA): amended (with effect on 10 October 2000), on 24 February 2016, by section 274(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 5(11H): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 86(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(11I): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 86(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(11I)(a): substituted, on 3 April 2006 (applying for supplies that are made on or after 3 April 2006), by section 285(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 5(13): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 86(5) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(13) proviso: substituted (with effect on 23 September 1987), on 11 December 1987 (applying to supplies made on or after 23 September 1987), by section 2(1) of the Goods and Services Tax Amendment Act (No 2) 1987 (1987 No 191).
Section 5(13) proviso: amended, on 10 October 2000 (applying on and after 10 October 2000), by section 86(6) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(13) proviso paragraph (b): substituted, on 19 December 1998, by section 416(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 5(13) proviso paragraph (b): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 5(13) proviso paragraph (b): amended (with effect on 1 January 2005), on 2 November 2012, by section 209(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 5(13) proviso paragraph (b): amended, on 1 April 2002, by section 338 of the Accident Compensation Act 2001 (2001 No 49).
Section 5(13) proviso paragraph (c): inserted (with effect on 1 January 2005), on 2 November 2012, by section 209(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 5(13) proviso paragraph (c): amended, on 1 October 2016, by section 53(3) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 5(13) proviso paragraph (d): inserted, on 1 October 2016, by section 53(4) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 5(13A): substituted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
Section 5(13A): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
Section 5(13B): inserted, on 2 September 1996 (applying to supplies made on or after 1 October 1986), by section 52(1) of the Taxation (Remedial Provisions) Act 1996 (1996 No 159).
Section 5(13B)(b): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 86(8) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 5(14): substituted, on 6 October 2009, by section 705 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 5(14B): inserted, on 3 April 2006 (applying for supplies of financial services that are made on or after 3 April 2006), by section 285(2) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 5(15): substituted (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 236(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 5(16): added, on 12 December 1995, by section 3(1) of the Goods and Services Tax Amendment Act (No 2) 1995 (1995 No 75).
Section 5(17): repealed, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 6(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 5(18): added, on 12 December 1995, by section 3(1) of the Goods and Services Tax Amendment Act (No 2) 1995 (1995 No 75).
Section 5(19): added, on 12 December 1995, by section 3(1) of the Goods and Services Tax Amendment Act (No 2) 1995 (1995 No 75).
Section 5(20): added, on 17 October 2002 (applying on and after 1 August 2002), by section 98(1) of the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32).
Section 5(21): added, on 17 October 2002 (applying on and after 1 August 2002), by section 98(1) of the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32).
Section 5(22): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 6(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 5(23): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 6(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 5(24): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 6(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 5(25): inserted (with effect on 1 April 2003), on 2 November 2012, by section 209(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 5(26): inserted (with effect on 1 April 2003), on 2 November 2012, by section 209(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 5(27): inserted, on 1 October 2016, by section 53(5) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
5B Supply of certain imported services
For the purpose of the definition of output tax and sections 8(1), 15A to 15E, 19A, 20(4), 20B, 25AA, 51, 52, 57, 75, 76(6), 78B, 78BA and 78C, a supply of services that is treated by section 8(4B) as being made in New Zealand is treated as being made by the recipient of the supply in the course or furtherance of a taxable activity carried on by the recipient.
Section 5B: inserted, on 1 January 2005, by section 145 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 5B: amended (with effect on 1 April 2007), on 6 October 2009, by section 706 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
6 Meaning of term taxable activity
(1)
For the purposes of this Act, the term taxable activity means—
(a)
any activity which is carried on continuously or regularly by any person, whether or not for a pecuniary profit, and involves or is intended to involve, in whole or in part, the supply of goods and services to any other person for a consideration; and includes any such activity carried on in the form of a business, trade, manufacture, profession, vocation, association, or club:
(b)
without limiting the generality of paragraph (a), the activities of any public authority or any local authority.
(2)
Anything done in connection with the beginning or ending, including a premature ending, of a taxable activity is treated as being carried out in the course or furtherance of the taxable activity.
(3)
Notwithstanding anything in subsections (1) and (2), for the purposes of this Act the term taxable activity shall not include, in relation to any person,—
(a)
being a natural person, any activity carried on essentially as a private recreational pursuit or hobby; or
(aa)
not being a natural person, any activity which, if it were carried on by a natural person, would be carried on essentially as a private recreational pursuit or hobby; or
(b)
any engagement, occupation, or employment under any contract of service or as a director of a company, subject to subsection (4); or:
(c)
any engagement, occupation, or employment—
(i)
pursuant to the Members of Parliament (Remuneration and Services) Act 2013 or the Governor-General Act 2010:
(ii)
as a Judge, Solicitor-General, Controller and Auditor-General, or Ombudsman:
(iia)
pursuant to an appointment made by the Governor-General or the Governor-General in Council and evidenced by a warrant or by an Order in Council or by a notice published in the Gazette in accordance with section 2(2) of the Official Appointments and Documents Act 1919:
(iii)
as a Chairman or member of any local authority or any statutory board, council, committee, or other body, subject to subsection (4); or
(d)
any activity to the extent to which the activity involves the making of exempt supplies.
(4)
Despite subsection (3)(b) and (c)(iii), if a director, member, or other person referred to in those paragraphs is paid a fee or another amount in relation to their engagement, occupation, or employment in circumstances in which they are required to account for the payment to their employer, the payment is treated as consideration for a supply of services by the employer to the person who made the payment to the director, member, or other person.
(5)
For the purposes of subsection (3)(b) and (c)(iii), if a person in carrying on a taxable activity, accepts an office, any services supplied by that person as holder of that office are deemed to be supplied in the course or furtherance of that taxable activity.
Section 6(1)(b): amended (with effect on 3 December 1985), on 8 August 1986, by section 6 of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 6(2): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 87(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 6(3)(a): amended (with effect on 3 December 1985), on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 5(1) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 6(3)(aa): inserted (with effect on 3 December 1985), on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 5(2) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 6(3)(b): amended, on 30 June 2014, by section 187(1)(a) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 6(3)(b) proviso: repealed, on 30 June 2014, by section 187(1)(b) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 6(3)(c)(i): amended, on 16 December 2013, by section 66 of the Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93).
Section 6(3)(c)(i): amended, on 23 November 2010, by section 21(2) of the Governor-General Act 2010 (2010 No 122).
Section 6(3)(c)(iia): inserted (with effect on 3 December 1985), on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 5(3) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 6(3)(c)(iii): amended, on 30 June 2014, by section 187(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 6(4): inserted, on 30 June 2014, by section 187(3) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 6(5): inserted, on 30 June 2014, by section 187(3) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 6(5): amended, on 30 March 2017, by section 348 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
7 Act to bind Crown
This Act shall bind the Crown.
Part 2 Imposition of tax
8 Imposition of goods and services tax on supply
(1)
Subject to this Act, a tax, to be known as goods and services tax, shall be charged in accordance with the provisions of this Act at the rate of 15% on the supply (but not including an exempt supply) in New Zealand of goods and services, on or after 1 October 1986, by a registered person in the course or furtherance of a taxable activity carried on by that person, by reference to the value of that supply.
(2)
For the purposes of this Act, goods and services shall be deemed to be supplied in New Zealand if the supplier is resident in New Zealand, and shall be deemed to be supplied outside New Zealand if the supplier is a non-resident.
(2B)
To the extent to which a supply of services consists of the facilitation of inbound tour operations, the supply is chargeable with tax under subsection (1), and section 11A does not apply to that part of the supply.
(2C)
Despite subsection (2B), the part of the supply that consists of the facilitation of inbound tour operations is charged at the rate of 0% if—
(a)
a registered person supplies the services in the period from 1 July 2007 to 30 June 2008 (the transitional period); and
(b)
the consideration for the supply is an amount quantified—
(i)
on the basis of the person’s gross margin attributable to the facilitation of inbound tour operations; or
(ii)
by other means that the Commissioner is able to verify.
(2D)
For the purposes of subsection (2C)(b), the amount of the consideration must be—
(a)
calculated for each of the person’s taxable periods that fall in the transitional period:
(b)
for any days in the person’s taxable period that fall outside the transitional period, apportioned on a pro rata basis.
(2E)
If a registered person has supplied services in the transitional period by way of the facilitation of inbound tour operations and tax was paid under this section in relation to the services, the person is entitled to a refund of the amount of tax paid. They must apply for the refund within the period that starts on the date of Royal assent of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 and ends 6 months after that date.
(2F)
For the purposes of subsections (2B) and (2C), services that consist of the facilitation of inbound tour operations means the services that a registered person provides in packaging 1 or more domestic tourism products and services in New Zealand and selling them outside New Zealand to a non-resident person. The tourism products and services may include accommodation, meals, transport, and other activities.
(3)
Despite subsection (2), goods and services are treated as being supplied in New Zealand if the supplier is a non-resident and—
(a)
the goods are in New Zealand at the time of the supply; or
(b)
the services are physically performed in New Zealand by a person who is in New Zealand at the time the services are performed; or
(c)
the services are remote services supplied to a person resident in New Zealand, other than services that are physically performed in New Zealand by a person who is in New Zealand at the time the services are performed.
(4)
Despite subsection (3), if a supplier who is a non-resident supplies goods and services, to which subsection (3)(a) or (b) would apply but for this subsection, to a registered person for the purposes of carrying on the registered person’s taxable activity, the goods and services are treated as being supplied outside New Zealand unless the supplier and the recipient of the supply agree that this subsection will not apply to the supply.
(4B)
Despite subsection (2), a supply of services that is treated as not being made in New Zealand by subsections (4) or (4D) is treated as being made in New Zealand if—
(a)
the services are supplied by a non-resident to a resident; and
(b)
the recipient of the supply—
(i)
estimates at the time of acquisition that the percentage intended use of the services is less than 95%; or
(ii)
determines at the end of an adjustment period that the percentage actual use of the services is less than 95%; and
(c)
the supply would be a taxable supply if made in New Zealand by a registered person in the course or furtherance of a taxable activity carried on by the registered person.
(4C)
An allocation of costs by a non-resident to a resident is treated as being a supply of services that satisfies section 8(4B)(a) and (c), and the amount provided to the non-resident by the resident under the allocation is treated as being the consideration for the supply.
(4D)
Despite subsection (3), if a non-resident supplier supplies remote services to which subsection (3)(c) would apply but for this subsection to a registered person for the purposes of carrying on the registered person’s taxable activity, the services are treated as being supplied outside New Zealand unless the supplier chooses to treat the supply as made in New Zealand.
(5)
Subsections (3), (4), (4B), and (4D) do not apply to supplies of telecommunications services.
(6)
Despite subsection (2), telecommunications services are treated as being supplied in New Zealand if the supplier is a non-resident and a person, physically in New Zealand, initiates the supply from a telecommunications supplier, whether or not the person initiates the supply on behalf of another person.
(7)
Subsection (6) does not apply to supplies made between telecommunications suppliers.
(8)
Despite subsection (6) and section 8A, telecommunications services supplied by a non-resident to a registered person for the purposes of carrying on the registered person’s taxable activity are treated as being supplied outside New Zealand unless the supplier and the recipient of the services agree that this subsection will not apply to the supply.
(9)
For the purposes of subsection (6) and section 11AB, the person who initiates a supply of telecommunications services is the person who—
(a)
is identified by the supplier of the services as being—
(i)
the person who controls the commencement of the supply:
(ii)
the person who pays for the services:
(iii)
the person who contracts for the supply; and
(b)
if more than 1 person satisfies paragraph (a), is the person who appears highest on the list in that paragraph.
Section 8(1): amended, on 20 May 2010 (applying to supplies made on or after 1 October 2010), by section 45(1) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 8(1): amended, on 1 July 1989 (applying to supplies made on or after 1 July 1989), by section 15(1) of the Finance Act 1989 (1989 No 13).
Section 8(2): amended, on 25 November 2003, by section 146(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(2) proviso: repealed, on 1 July 2003, by section 154 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 8(2B): inserted (with effect on 1 July 2007), on 8 December 2009, by section 146 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 8(2C): inserted (with effect on 1 July 2007), on 8 December 2009, by section 146 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 8(2D): inserted (with effect on 1 July 2007), on 8 December 2009, by section 146 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 8(2E): inserted (with effect on 1 July 2007), on 8 December 2009, by section 146 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 8(2E): amended, on 2 June 2016, by section 184 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 8(2F): inserted (with effect on 1 July 2007), on 8 December 2009, by section 146 of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63).
Section 8(3): added, on 1 July 2003, by section 154 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 8(3): amended, on 1 October 2016, by section 54(1)(a) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8(3): amended, on 25 November 2003, by section 146(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(3)(b): amended, on 1 October 2016, by section 54(1)(b) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8(3)(c): inserted, on 1 October 2016, by section 54(1)(c) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8(4): added, on 1 July 2003, by section 154 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 8(4): amended, on 1 October 2016, by section 54(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8(4): amended, on 25 November 2003, by section 146(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(4B): inserted, on 1 January 2005, by section 146(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(4B): amended, on 1 October 2016, by section 54(3) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8(4B)(b): substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 7(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 8(4B)(b)(ii): amended (with effect on 1 April 2011), on 2 November 2012, by section 210 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 8(4C): inserted, on 1 January 2005, by section 146(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(4D): inserted, on 1 October 2016, by section 54(4) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8(5): added, on 1 July 2003, by section 154 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 8(5): amended, on 1 October 2016, by section 54(5) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8(5): amended, on 1 January 2005, by section 146(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(6): added, on 1 July 2003, by section 154 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 8(6): amended, on 25 November 2003, by section 146(4) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(7): added, on 1 July 2003, by section 154 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 8(8): added, on 1 July 2003, by section 154 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 8(8): amended (with effect on 1 July 2003), on 25 November 2003, by section 146(5) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 8(9): substituted (with effect on 1 July 2003), on 25 November 2003, by section 146(6) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
8A Certain supplies of telecommunications services
(1)
Despite section 8(2), if a telecommunications supplier cannot apply section 8(6) because it is impractical for the supplier to determine the physical location of a person due to the type of service or to the class of customer to which the person belongs, the supplier must treat a supply of telecommunications services as being supplied in New Zealand if the person’s address for receiving invoices from the supplier is in New Zealand.
(2)
Subsection (1) does not apply to supplies made between telecommunications suppliers.
(3)
If subsection (1) applies, the telecommunications supplier must satisfy subsection (1) for all supplies of telecommunications services made for the type of service or the class of customer.
(4)
In this section, address means the physical residential or business address of a person to which invoices are sent, and does not include a post office box number.
Section 8A: inserted, on 1 July 2003, by section 155 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
8B Remote services: determining residence and status of recipients
(1)
Subsection (2) applies to determine whether a supply is made in New Zealand under section 8(3)(c), or for the purposes of sections 10(14B), 11A(1)(j), 60C, and 60D, when remote services are supplied to a person resident in New Zealand.
(2)
A supplier must treat the recipient of the supply as a person resident in New Zealand if 2 of the following items are non-contradictory and support the conclusion that the person is resident in New Zealand:
(a)
the person’s billing address:
(b)
the internet protocol address of the device used by the person or another geolocation method:
(c)
the person’s bank details, including the account the person uses for payment or the billing address held by the bank:
(d)
the mobile country code of the international mobile subscriber identity stored on the subscriber identity module card used by the person:
(e)
the location of the person’s fixed land line through which the service is supplied to them:
(f)
other commercially relevant information.
(3)
For the purposes of subsection (2),—
(a)
if, in addition to having 2 non-contradictory items from the list in subsection (2) supporting residence in New Zealand, a supplier also has at least 2 non-contradictory items that support residence in a country other than New Zealand, the supplier must choose the evidence that is more reliable to determine a recipient’s residence:
(b)
the Commissioner may prescribe the use of another method to determine a recipient’s residence, or may agree with the supplier on the use of another method, if a supplier is unable to establish a recipient’s residence by 2 non-contradictory items from the list in subsection (2).
(4)
In prescribing or agreeing to the use of an alternative method under subsection (3)(b), the Commissioner may take into account the following:
(a)
the nature of the supply, including, for example,—
(i)
whether the supply is made in a low-value high-volume digital context:
(ii)
whether the supply is a single instance or a supply made as part of a continuing relationship between the recipient and the supplier:
(b)
the availability to the supplier of information about the recipient’s residence.
(5)
Subsection (6) applies to determine the treatment of a supply to a registered person of remote services described in section 8(3)(c) when section 8(4D) applies, and for the purposes of sections 11A(1)(j) , 60C, and 60D.
(6)
Having established the New Zealand residence of a recipient of a supply of services under subsection (2), a supplier must treat the recipient as not being a registered person unless the recipient—
(a)
notifies the supplier that they are a registered person:
(b)
provides their registration number or New Zealand business number.
(7)
For the purposes of subsection (6), the Commissioner may prescribe the use of another method to determine whether the supply is made to a registered person, or may agree with the supplier on the use of another method to determine whether the supply is made to a registered person.
(8)
In prescribing or agreeing to the use of an alternative method under subsection (7), the Commissioner may take into account the following:
(a)
the nature of the supply, including, for example, whether the supply is of services that are purchased only by a registered person in the course or furtherance of their taxable activity:
(b)
the value of the supply, including, for example, whether the supply is of a value that would be expected to be received only by a registered person in the course or furtherance of their taxable activity:
(c)
the terms and conditions related to the provision of the services, including, for example, whether the supply is of services that may be licensed for use by a registered person.
Section 8B: inserted, on 1 October 2016, by section 55 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 8B(1): amended (with effect on 1 October 2016), on 30 March 2017, by section 349(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 8B(5): amended (with effect on 1 October 2016), on 30 March 2017, by section 349(2)(a) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 8B(5): amended (with effect on 1 October 2016), on 30 March 2017, by section 349(2)(b) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
9 Time of supply
(1)
Subject to this Act, for the purposes of this Act a supply of goods and services shall be deemed to take place at the earlier of the time an invoice is issued by the supplier or the recipient or the time any payment is received by the supplier, in respect of that supply.
(2)
Notwithstanding anything in subsection (1), a supply of goods and services shall be deemed to take place—
(a)
if the supply is an associated supply,—
(i)
in the case of a supply of goods which are to be removed, at the time of the removal; and
(ii)
in the case of a supply of goods which are not to be removed, at the time when they are made available to the recipient; and
(iii)
in the case of a supply of services, at the time the services are performed, unless subparagraph (iv) applies; and
(iv)
in the case of a supply of services that is treated by section 8(4B) as being made in New Zealand, at the end of the taxable period that includes the date that is 2 months after the first balance date of the recipient that follows the completion of the performance of the services:
provided that this paragraph shall not apply in any case where an invoice is issued, or any payment is made, in respect of that supply, on or before the last day for furnishing the return in relation to the taxable period during which, but for this proviso, that supply would have been made:
(b)
where that supply is a supply to which section 5(4) refers, on the day after the last day of the period during which the recipient may exercise the right under section 36M of the Fair Trading Act 1986 to cancel the agreement:
(c)
where that supply is a supply to which section 5(5) refers, at the time at which the property in the goods is transferred to the recipient:
provided that in any case in which a supply of services is deemed to take place pursuant to the proviso to that subsection, that supply of services shall be deemed to take place at the time that the layby sale is cancelled pursuant to section 36F or 36G of the Fair Trading Act 1986:
(d)
where that supply is deemed to be made pursuant to section 5(8), when and to the extent that the amount of the money is dealt with as specified in that section:
(e)
if the supply is made under section 5(10) or (10B),—
(i)
for an amount of money paid by a person to participate in gambling (including a New Zealand lottery), on the date on which the first drawing or determination of a result commences, but this subparagraph does not apply to an instant game that is a New Zealand lottery or gambling played by means of a gaming machine as defined in section 4(1) of the Gambling Act 2003:
(ii)
for an amount of money paid by a person to participate in a prize competition on the date on which the first drawing or determination of the prize competition commences:
(f)
where the supply is for a consideration in money received by the supplier by means of any machine, meter, or other device operated by a coin or token, at the time any such coin or token is taken from that machine, meter, or other device by or on behalf of the supplier:
(g)
if the supply is treated as having been made under section 5(11B) at the time a casino count takes place:
(h)
if section 8(4B)(b)(ii) applies, the supply is treated as having been made on the last day in the adjustment period when the percentage actual use of the services falls below 95%.
(2A)
Despite subsection (1), a supply to which section 5(11G) applies is treated as taking place at the time the token, stamp or voucher is redeemed.
(2B)
If section 5(11H) applies, the excess consideration is treated as consideration in money for a supply that takes place at the time the token, stamp or voucher is issued.
(3)
Notwithstanding anything in subsection (1) or subsection (2),—
(a)
where goods are supplied under an agreement to hire, or where services are supplied under any agreement or enactment which provides for periodic payments, they shall be deemed to be successively supplied for successive parts of the period of the agreement or the enactment, and each of the successive supplies shall be deemed to take place when a payment becomes due or is received, whichever is the earlier:
(aa)
where and to the extent that—
(i)
goods are supplied progressively or periodically pursuant to any agreement or enactment which provides for the consideration for that supply to be paid in instalments or periodically and in relation to the periodic or progressive supply of those goods; or
(ii)
goods and services supplied directly in the construction, major reconstruction, manufacture, or extension of a building or an engineering work are supplied pursuant to any agreement or enactment which provides for the consideration for that supply to become due and payable in instalments or periodically in relation to the progressive nature of that construction, manufacture, or extension—
those goods and services shall be deemed to be successively supplied, and each such successive supply shall be deemed to take place whenever any payment in respect of that supply becomes due, is received, or any invoice relating only to that payment is issued, whichever is the earlier:
(b)
where goods and services are supplied under a hire purchase agreement, that supply shall be deemed to take place at the time the agreement is entered into:
(c)
for the purposes of this subsection, the term agreement to hire means an agreement for the bailment of goods for hire and includes a lease of goods and a rental agreement; but does not include—
(i)
an agreement under which the property in the goods passes to the bailee or which expressly contemplates that the property in the goods will pass to the bailee; or
(ii)
a hire purchase agreement.
(4)
[Repealed](5)
[Repealed](6)
Subject to subsections (2)(a) and (3), where the whole of the consideration (the price) for a supply under an agreement is not determined at the time of the agreement, and a supply is made under the agreement before the price is determined, the supply is deemed to take place, to the extent of a part of the price, at the earlier of when—
(a)
a payment of the part of the price becomes due or is received:
(b)
the supplier or recipient issues an invoice for the part of the price.
(7)
Notwithstanding anything in this section, where any public authority is deemed to have supplied goods and services pursuant to section 5(6), the supply shall, to the extent that the supply is brought to charge as revenue from the Crown, be deemed to take place in the taxable period in which the bringing to charge applies.
(8)
Despite subsection (1), if a local authority makes a supply to which section 5(7)(a) applies, the supply is treated as taking place on the earlier of the following dates:
(a)
the date on which an instalment notice is issued if the instalment notice requires payment of an instalment by a particular date:
(b)
the date on which payment is required by the instalment notice:
(c)
the date on which payment is received.
(9)
Despite subsection (1), an operator of a loyalty programme who meets the requirements of section 11C may treat a supply of services in a loyalty transaction as taking place at the time at which the loyalty points are redeemed for reward. But this subsection does not apply to a token, stamp, or voucher to which section 5(11D) to (11H) applies.
(10)
For the purposes of subsection (9), in a case where the operator is not resident in New Zealand but the supply of services is treated under section 8(4B) as made in New Zealand, the purchaser referred to in section 11C may treat the supply as taking place at the time at which the loyalty points are redeemed for reward if—
(a)
the operator meets the first and second requirements set out in section 11C; and
(b)
the purchaser meets the third requirement imposed on the operator under section 11C.
Section 9(1): amended, on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 6(1) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 9(2)(a): amended, on 3 April 2006, by section 286 of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 9(2)(a)(iii): amended, on 1 January 2005, by section 147 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 9(2)(a)(iv): added, on 1 January 2005, by section 147 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 9(2)(b): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 9(2)(c) proviso: amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 9(2)(d): substituted (with effect on 3 December 1985), on 8 August 1986, by section 7(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(2)(e): replaced, on 17 July 2013, by section 122 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 9(2)(e): amended, on 1 October 2016, by section 56 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 9(2)(g): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Section 9(2)(g): amended, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 8(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 9(2)(h): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 8(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 9(2)(h): amended (with effect on 1 April 2011), on 2 November 2012, by section 211(a) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 9(2)(h): amended (with effect on 1 April 2011), on 2 November 2012, by section 211(b) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 9(2A): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 88(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 9(2B): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 88(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 9(3)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 7(2)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(3)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 7(2)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(3)(aa): inserted (with effect on 3 December 1985), on 8 August 1986, by section 7(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(3)(aa)(ii): amended, on 19 December 1989, by section 5 of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 9(3)(b): amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
Section 9(3)(b): amended (with effect on 3 December 1985), on 8 August 1986, by section 7(4)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(3)(c)(i): amended (with effect on 3 December 1985), on 8 August 1986, by section 7(4)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(3)(c)(ii): amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
Section 9(4): repealed (with effect on 3 December 1985), on 8 August 1986, by section 7(5) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(5): repealed (with effect on 3 December 1985), on 8 August 1986, by section 7(5) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 9(6): replaced, on 30 March 2017, by section 350(1) (and see section 350(2)) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 9(7): added (with effect on 1 July 1989), on 26 July 1989 (applying to supplies made on or after 1 July 1989), by section 86(1) of the Public Finance Act 1989 (1989 No 44).
Section 9(7): amended, on 10 April 1995, by section 4 of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
Section 9(8): added, on 10 October 2000 (applying on and after 10 October 2000), by section 88(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 9(9): added, on 6 October 2009, by section 707 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 9(10): added, on 6 October 2009, by section 707 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
10 Value of supply of goods and services
(1)
For the purposes of this Act the following provisions of this section shall apply for determining the value of any supply of goods and services.
(2)
Subject to this section, the value of a supply of goods and services shall be such amount as, with the addition of the tax charged, is equal to the aggregate of,—
(a)
to the extent that the consideration for the supply is consideration in money, the amount of the money:
(b)
to the extent that the consideration for the supply is not consideration in money,—
(i)
the open market value of that consideration, if subparagraph (ii) does not apply; or
(ii)
the value of the consideration agreed by the supplier and the recipient, if subsection (2B) applies.
(2B)
The value of consideration for a supply of goods and services is determined under subsection (2)(b)(ii) if—
(a)
the supply is of a right to receive a specified number of emissions units at a future date; and
(b)
the supplier and recipient are not associated persons; and
(c)
each of the supplier and recipient, in the transaction of which the supply is a part,—
(i)
makes a taxable supply; and
(ii)
acquires a taxable supply for use in making taxable supplies.
(3)
Subject to subsections (3A), (3AB), (3B), (3C), (3D) and (8), the consideration for a supply is treated as being the open market value of the supply if—
(a)
the supply is made by a person for no consideration or for a consideration that is less than the open market value of the supply; and
(b)
the supply is an associated supply; and
(c)
the supply is not a fringe benefit that the supplier has, or is deemed to have, provided or granted under the FBT rules of the Income Tax Act 2007 to the recipient, being a person employed under a contract of service by the supplier.
(3A)
Subsection (3) does not apply to a supply if—
(a)
the recipient acquired the supply for the principal purpose of making taxable supplies; and
(b)
the recipient is entitled to make a deduction under section 20(3) in respect of the supply, or would be entitled to make such a deduction if—
(i)
the amount of the deduction were determined under section 3A(3)(e) instead of under section 3A(3)(a):
(ii)
there were consideration for the supply:
(iii)
the supplier were a registered person who had complied with the requirements of the Act; and
(c)
the supply is not a supply of financial services to which subsection (3B) applies.
(3AB)
Subsection (3) does not apply to a supply of goods and services if the recipient—
(a)
acquires the supply for no consideration; and
(b)
from the time of the supply, applies the goods and services for the purpose of making taxable supplies.
(3B)
If a supply of financial services is charged with tax at a rate of 0% under section 11A(1)(q) or (r) or gives rise to a deduction for the supplier under section 20C—
(a)
subsection (3) does not apply to the supply; and
(b)
the consideration for the supply is treated as being the open market value of the supply if—
(i)
the supply is made by a person for consideration that is more than the open market value of the supply; and
(ii)
the supplier and the recipient are associated persons.
(3C)
Subsection (3) does not apply to a supply of services that is treated by section 8(4B) as being made in New Zealand if—
(a)
the amount of the consideration for the supply is a deduction under the Income Tax Act 2007 for the recipient of the supply; or
(b)
the amount of the consideration for the supply would have been a deduction under the Income Tax Act 2007 for the recipient of the supply if the recipient had given any consideration for the supply.
(3D)
Subsection (3) does not apply to a supply of services that is treated by section 8(4B) as being made in New Zealand if—
(a)
the recipient of the supply is a branch or division that is treated by section 56B as being a separate person; and
(b)
the amount of the consideration for the supply would have been a deduction under the Income Tax Act 2007 for the branch or division if—
(i)
the branch or division were entitled to deductions under the Income Tax Act 2007:
(ii)
the branch or division had given any consideration for the supply.
(3E)
The value of a supply of services that is treated by section 8(4B) as being made in New Zealand is the amount that, before the addition of the tax charged, is equal to the amount of the consideration for the supply.
(4)
Where any supply of goods is a supply which would, but for section 11(3) or (3C), be charged with tax at the rate of 0%, the consideration in money for that supply shall be deemed to be an amount equal to the purchase price of those goods to the supplier:
provided that in any case where the deduction of input tax referred to in that proviso has been made by any other person (where that supplier and that other person are associated persons), the consideration in money for that supply shall be deemed to be an amount equal to the purchase price of those goods to that other person:
provided further that for the purposes of this subsection, the purchase price of any goods shall not be reduced by any amount of input tax deducted by the supplier or, as the case may be, any other person where the supplier and that other person are associated persons, pursuant to section 20(3).
(5)
Despite subsection (2), if a supply of goods and services is made under a credit contract, the consideration in money for the supply is treated as being the higher of the cash price of the goods and services and the price the supplier would have charged the purchaser if the purchaser had paid in full at the time the credit contract was entered into.
(5A)
In subsection (5),—
cash price has the same meaning as in section 5 of the Credit Contracts and Consumer Finance Act 2003
credit contract has the same meaning as in section 3 of the Credit Contracts Act 1981 immediately before the repeal of that Act.
(5B)
Despite subsection (5A), a person who is a party to an arrangement that is a credit contract but is not a credit contract under section 7 of the Credit Contracts and Consumer Finance Act 2003 may elect that the arrangement be treated under this section as not being a credit contract in relation to the person.
(5C)
Despite subsection (5A), a person who is a party to an arrangement that is not a credit contract but is a credit contract under section 7 of the Credit Contracts and Consumer Finance Act 2003 may elect that the arrangement be treated under this section as being a credit contract in relation to the person.
(6)
Where and to the extent that any supply of goods and services consists of the supply, to any individual, of domestic goods and services in a commercial dwelling, the value attributable to that part of that supply of domestic goods and services that is for a period in excess of 4 weeks shall be deemed to be reduced to an amount equal to 60% of the amount that would, if that part of that supply were chargeable with tax at the rate of 9%, be the value of that part of that supply of domestic goods and services:
provided that to the extent that any supply is a supply of domestic goods and services, and where that commercial dwelling is a residential establishment, and where the supplier and the recipient have agreed that that supply shall be for a period of or in excess of 4 weeks, or for a number of periods which in the aggregate will exceed 4 weeks, the value attributable to that supply of domestic goods and services shall, from the commencement of that supply, be deemed to be reduced to an amount equal to 60% of the amount that would, if that supply were chargeable with tax at the rate of 9%, be the value of that supply of domestic goods and services.
(7)
If goods and services are treated by section 21I(1) as being supplied by a person, the consideration in money for the supply is—
(a)
an amount equal to the taxable value of the fringe benefit as determined by sections CX 20, and RD 54 to RD 57 of the Income Tax Act 2007, if paragraph (b) does not apply; or
(b)
nil, if the person would not have a deduction under section 20(3) relating to the supply of the fringe benefit if the consideration in money for the supply were given by paragraph (a).
(7A)
If goods and services are deemed to be supplied by a person under section 5(3) or (3B), the consideration in money for the supply is treated as being the open market value of the supply. A supply of common property by a unit title body corporate has a zero value.
(7B)
If goods and services are treated as supplied by a person under section 5(23), the value of the supply is an amount equal to the consideration for the supply first made to the recipient.
(8)
Where goods and services are deemed to be supplied by a person under section 5(3) and the goods and services were acquired before 1 October 1986, the consideration in money for either supply shall be deemed to be the lesser of—
(a)
the cost of those goods and services to the supplier, including any input tax deduction claimed in respect of the supply of those goods and services to that supplier:
(b)
the open market value of that supply.
(9)
Where a supply of services is deemed to be made under the proviso to section 5(5), the consideration in money for the supply shall be deemed to be an amount equal to the amount referred to in paragraph (b) of that proviso as being retained or recoverable.
(10)
Notwithstanding anything in this section, where goods and services are, or are deemed to be, supplied by any public authority pursuant to section 5(6), the value of any such supply shall be an amount equal to any amount that is brought to charge as revenue from the Crown for the supply of outputs by the public authority.
(11)
Notwithstanding anything in this section, where goods and services are, or are deemed to be, supplied to any person by any local authority pursuant to section 5(7), the consideration in money for any such supply shall be an amount equal to any amount from time to time paid or payable by or on behalf of that person for that supply.
(12)
The consideration in money for the supply of services for—
(a)
racing betting or sports betting is treated as the amount received by the New Zealand Racing Board or its agents, plus the net return of bets laid off by the Board less the sum of all refunds and winning dividends; and
(b)
equalisator betting is treated as the amount received by a racing club.
(12A)
[Repealed](13)
In subsection (12), equalisator betting, New Zealand Racing Board, racing club, racing betting, and sports betting have the meanings set out in section 5 of the Racing Act 2003.
(14)
If a supply of services is treated as having been made under section 5(10), the consideration for the supply is calculated using the formula—
amounts received − prizes
- where—
- (a)
amounts received is the total of all amounts in money received in relation to the supply—
(i)
for gambling, by the person, society, licensed promoter, or organiser who under the Gambling Act 2003 conducts the gambling:
(ii)
for a prize competition, by the person who conducts the prize competition:
- (b)
prizes is the total amount of all prizes paid and payable in money in relation to the supply, reduced by the total amount of input tax for supplies for which the prizes are treated as being consideration.
(14B)
If a supply of services is treated as having been made under section 5(10B), the consideration for the supply is calculated using the formula—
amounts received from residents − prizes paid to residents.
(14C)
In the formula in subsection (14B),—
(a)
amounts received from residents is the total amount in money received in relation to the supply by the non-resident person who conducts the gambling or the prize competition, as applicable, from all persons resident in New Zealand:
(b)
prizes paid to residents is the total amount of all prizes paid and payable in money to persons resident in New Zealand in relation to the supply.
(14D)
If amounts of consideration calculated under subsection (14B) for all of the non-resident’s supplies of gambling or prize competitions for a taxable period are added together (the total consideration), and the total consideration is a negative amount, then the negative amount may be used to reduce a corresponding positive amount of total consideration for the next taxable period.
(14E)
If, after the use of the negative amount described in subsection (14D), an excess negative amount remains, the excess amount may be used to reduce a positive amount of total consideration in the immediately following taxable period.
(14F)
Subsection (14E) continues to apply until the excess amount is extinguished.
(15)
For the purposes of subsection (14), the terms gambling and New Zealand lottery have the meanings set out in section 4(1) of the Gambling Act 2003.
(15A)
If a supply is treated as having been made under section 5(11B), the consideration in money for the supply (less any amount paid out by the casino as winnings in respect of gambling or for the redemption of chips) must be treated—
(a)
as the amount of money (including cheques not collected) a person pays to the casino to purchase a chip or otherwise to participate in gambling played or conducted at a casino venue; or
(b)
as commission for participation in the gambling.
(15B)
For the purposes of subsection (15A), the terms casino venue, chip, and gambling have the meanings set out in section 4(1) of the Gambling Act 2003.
(15C)
If a non-resident makes a supply of services to a resident who is a member of the same group of companies under section IA 6 of the Income Tax Act 2007 as the supplier, or who is treated by section 56B as being a separate person from the supplier, and the supply is treated by sections 5B and 8(4B) as being made in New Zealand by the recipient of the supply, or section 20(3JC) applies, the value of the supply is determined as if the consideration for the supply did not include—
(a)
the amount of the consideration for the supply that represents salary or wages paid to an employee of—
(i)
the non-resident:
(ii)
a company that is in a wholly-owned group with the non-resident under section IA 6 of the Income Tax Act 2007; and
(b)
the amount of the consideration for the supply that represents interest incurred by—
(i)
the non-resident:
(ii)
a company that is in a wholly-owned group with the non-resident under section IA 6 of the Income Tax Act 2007.
(16)
[Repealed](16A)
[Repealed](17)
[Repealed](17A)
[Repealed](18)
Where a taxable supply is not the only matter to which a consideration relates, the supply shall be deemed to be for such part of the consideration as is properly attributable to it.
(19)
Subject to the foregoing provisions of this section where any supply is made for no consideration, the value of that supply shall be nil.
(20)
[Repealed]Section 10(2)(b): substituted (with effect on 1 July 2010), on 29 August 2011, by section 237(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 10(2B): inserted (with effect on 1 July 2010), on 29 August 2011, by section 237(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 10(3): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 89(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(3): amended, on 3 April 2006 (applying for supplies made on or after 1 October 1986), by section 287(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 10(3): amended, on 1 January 2005, by section 148(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 10(3)(b): substituted, on 3 April 2006, by section 287(2) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 10(3)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(3A): substituted, on 1 January 2005, by section 148(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 10(3AB): inserted, on 3 April 2006 (applying for supplies made on or after 1 October 1986), by section 287(3) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 10(3B): inserted, on 1 January 2005, by section 148(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 10(3C): inserted, on 1 January 2005, by section 148(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 10(3C)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(3C)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(3D): inserted, on 1 January 2005, by section 148(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 10(3D)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(3D)(b)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(3E): inserted, on 1 January 2005, by section 148(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 10(4): substituted (with effect on 3 December 1985), on 8 August 1986, by section 8(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 10(4): amended, on 6 October 2009, by section 708 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 10(4) first proviso: amended, on 1 April 1993, by section 4 of the Goods and Services Tax Amendment Act 1993 (1993 No 10).
Section 10(5): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 89(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(5A): substituted, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
Section 10(5A) credit contract: substituted (with effect on 1 April 2005), on 3 April 2006, by section 287(4) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 10(5B): inserted (with effect on 1 April 2005), on 3 April 2006, by section 287(5) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 10(5C): inserted (with effect on 1 April 2005), on 3 April 2006, by section 287(5) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 10(6): substituted (with effect on 3 December 1985), on 8 August 1986, by section 8(6) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 10(6): amended, on 20 May 2010 (applying to supplies made on or after 1 October 2010), by section 46(1) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 10(6): amended, on 1 July 1989 (applying to supplies made on and after 1 July 1989), by section 16(1) of the Finance Act 1989 (1989 No 13).
Section 10(6) proviso: amended, on 20 May 2010 (applying to supplies made on or after 1 October 2010), by section 46(1) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 10(6) proviso: amended, on 1 July 1989 (applying to supplies made on and after 1 July 1989), by section 16(1) of the Finance Act 1989 (1989 No 13).
Section 10(7): substituted, on 18 December 2006 (applying for fringe benefits provided or granted on or after 18 December 2006), by section 213(1) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 10(7)(a): amended, on 1 April 2008, by section 272(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 10(7)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(7A): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 89(6) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(7A): amended (with effect on 1 April 2014), on 24 February 2016, by section 275(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 10(7A): amended (with effect on 26 February 2015), on 24 February 2016, by section 275(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 10(7A): amended, on 1 April 2014, by section 124 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 10(7B): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 9(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 10(8): amended, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 9(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 10(8): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 89(7) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(8)(a): amended, on 12 December 1995, by section 4(1) of the Goods and Services Tax Amendment Act (No 2) 1995 (1995 No 75).
Section 10(8)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 8(7)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 10(10): substituted, on 10 April 1995, by section 5(1) of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
Section 10(12): substituted, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).
Section 10(12A): repealed, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).
Section 10(13): substituted, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).
Section 10(14): replaced, on 17 July 2013, by section 123 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 10(14)(b): amended, on 30 March 2017 (with effect on 1 April 2012), by section 351 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 10(14B): inserted, on 1 October 2016, by section 57(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 10(14C): inserted, on 1 October 2016, by section 57(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 10(14D): inserted, on 1 October 2016, by section 57(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 10(14E): inserted, on 1 October 2016, by section 57(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 10(14F): inserted, on 1 October 2016, by section 57(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 10(15): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Section 10(15A): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Section 10(15B): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Section 10(15C): inserted, on 1 January 2005, by section 148(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 10(15C): amended, on 1 October 2016, by section 57(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 10(15C): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(15C)(a)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(15C)(b)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 10(16): repealed, on 10 October 2000 (applying on 10 October 2000), by section 89(9) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(16A): repealed, on 10 October 2000 (applying on 10 October 2000), by section 89(9) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(17): repealed, on 10 October 2000 (applying on 10 October 2000), by section 89(9) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(17A): repealed, on 10 October 2000 (applying on 10 October 2000), by section 89(9) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 10(20): repealed, on 10 October 2000 (applying on 10 October 2000), by section 89(9) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
11 Zero-rating of goods
(1)
A supply of goods that is chargeable with tax under section 8 must be charged at the rate of 0% in the following situations:
(a)
the supplier has entered the goods for export under the Customs and Excise Act 1996 and the goods have been exported by the supplier; or
(b)
the goods have been deemed to be entered for export under the Customs and Excise Act 1996 and the goods have been exported by the supplier; or
(c)
the supplier has satisfied the Commissioner that the goods have been exported by the supplier to a place outside New Zealand; or
(d)
subject to subsection (4), the supplier will enter the goods for export under the Customs and Excise Act 1996 in the course of, or as a condition of, making the supply, and will export the goods; or
(e)
subject to subsection (4), the goods will be deemed to be entered for export under the Customs and Excise Act 1996 and will be exported by the supplier in the course of, or as a condition of, making the supply; or
(eb)
subject to subsection (4), the goods supplied—
(i)
are supplied to a recipient who is a non-resident; and
(ii)
have been entered for export under the Customs and Excise Act 1996 by the supplier or will be entered for export by the supplier in the course of or as a condition of making the supply; and
(iii)
are exported by the recipient; and
(iv)
are not intended by the recipient for later importation into New Zealand for use other than in making taxable supplies or exempt supplies, with the absence of such an intention being confirmed by the recipient in a document retained by the supplier; and
(v)
are not used or altered by the recipient before being exported, except to the extent necessary to prepare the goods for export; and
(vi)
leave New Zealand under an arrangement agreed by the supplier and the recipient at or before the time of the supply; and
(vii)
do not leave New Zealand in the possession of a passenger or crew member of an aircraft or ship; or
(f)
goods that would otherwise have been exported are destroyed, die or cease to exist in circumstances beyond the control of both the supplier and the recipient; or
(g)
subject to subsection (6), the goods are supplied by a supplier who is licensed under section 12 of the Customs and Excise Act 1996, if—
(i)
the supplier has been licensed by the chief executive of the New Zealand Customs Service to operate a sealed bag system; and
(ii)
the goods are supplied in accordance with the sealed bag system; and
(iii)
the goods are entered, or are deemed to be entered, for export under the Customs and Excise Act 1996; or
(h)
the goods and services are supplied—
(i)
by a supplier who is licensed under section 12 of the Customs and Excise Act 1996; and
(ii)
within an area licensed under section 12 of the Customs and Excise Act 1996 as a customs controlled area for the processing of persons arriving in or departing from New Zealand; and
(iii)
to either—
(A)
an inbound air traveller; or
(B)
an outbound air traveller who picks up the goods upon returning to New Zealand; or
(i)
subject to subsection (7), the supply of a boat or an aircraft by way of sale to a recipient who exports the boat or aircraft under its own power to a place outside New Zealand; or
(j)
the goods are not situated in New Zealand at the time of supply and—
(i)
the goods are not situated in New Zealand at the time of delivery to the recipient:
(ii)
the recipient pays tax under section 12 on the importation of the goods into New Zealand; or
(k)
the goods have been supplied in the course of repairing, renovating, modifying or treating goods to which paragraph (i) or section 11A(1)(h) or (i) applies and the goods supplied—
(i)
are wrought into, affixed to, attached to or otherwise form part of those other goods; or
(ii)
are consumable goods that become unusable or worthless as a direct result of being used in the repair, renovation, modification or treatment process; or
(ka)
the goods are supplied for use on, or the use of, a pleasure craft, being a temporary import within the meaning of section 116 of the Customs and Excise Act 1996, that cause or enable the craft to sail, or that ensure the safety of passengers and crew on the craft; or
(l)
the goods supplied are consumable stores intended for use on—
(i)
an aircraft on a flight, or going, to a destination outside New Zealand; or
(ii)
a fishing ship outside, or going outside, New Zealand fisheries waters; or
(iib)
a ship, other than a pleasure craft, carrying consumable stores to a foreign-going ship or to a fishing ship that meets the requirements in subparagraph (ii); or
(iii)
a foreign-going ship; or
(iv)
a pleasure craft that is a temporary import within the meaning of section 116 of the Customs and Excise Act 1996 going to a destination outside New Zealand fisheries waters; or
(m)
the supply to a registered person of a taxable activity, or part of a taxable activity, that is a going concern at the time of the supply, if—
(i)
the supplier and the recipient agree that the supply is the supply of a going concern, and their agreement is recorded in a document; and
(ii)
the supplier and the recipient intend that the supply is of a taxable activity, or part of a taxable activity, that is capable of being carried on as a going concern by the recipient; or
(mb)
the supply wholly or partly consists of land, being a supply—
(i)
made by a registered person to another registered person who acquires the goods with the intention of using them for making taxable supplies; and
(ii)
that is not a supply of land intended to be used as a principal place of residence of the recipient of the supply or a person associated with them under section 2A(1)(c); or
(n)
the supply of new fine metal, being the first supply of the new fine metal after its refining, by the refiner to a dealer in fine metal, for the purpose of supplying the fine metal for use as an investment item; or
(o)
the goods are supplied to or by the Crown as consideration for a supply—
(i)
for which there is no payment of a price; and
(ii)
that is chargeable at the rate of 0% under section 11A(1)(s) or (t); or
(p)
the goods are—
(i)
jigs, patterns, templates, dies, punches, and similar machine tools to be used in New Zealand solely to manufacture goods that will be for export from New Zealand; and
(ii)
supplied to a recipient who is a non-resident, and not a registered person.
(2)
For the purpose of subsection (1)(n), if a person is both a refiner of and a dealer in fine metal, the new fine metal is treated as having been supplied to the dealer at a time immediately before the making of an exempt supply of the new fine metal.
(3)
Subsection (1)(a) to (1)(l) do not apply to a supply of goods by a registered person if—
(a)
the registered person, or another person associated with the registered person, has deducted, under section 20(3), input tax as defined in section 3A(1)(c) in respect of the goods; or
(b)
the goods have been or will be reimported into New Zealand by the supplier.
(3B)
Subsection (3)(a) does not apply to a supply of goods if the recipient gives the registered person at or before the time of the supply an undertaking, and records the undertaking in a document, that neither the recipient nor an associated person will cause the goods to be reimported into New Zealand in a condition that is substantially the same as the condition the goods were in when the supply was charged with tax under subsection (1)(a) to (1)(l).
(3C)
Despite subsection (3B), a registered person is treated as having supplied goods in the course or furtherance of a taxable activity and must be charged with tax at the rate specified in section 8 if—
(a)
the supply of the goods by the registered person was charged with tax under subsection (1)(a) to (l); and
(b)
the goods are imported into New Zealand; and
(c)
the goods are reacquired by the registered person in substantially the same condition as the condition the goods were in when the supply was charged with tax under subsection (1)(a) to (l); and
(d)
the registered person deducted under section 20(3) input tax as defined in section 3A(1)(c) in relation to the original supply of the goods under subsection (1)(a) to (l).
(3D)
Subsection (3C)—
(a)
applies at the time the goods are reacquired by the registered person:
(b)
does not apply if tax is paid under section 12 on the importation of the goods into New Zealand.
(4)
If subsection (1)(d), (e), or (eb) applies and the person required to export the goods does not do so within 28 days beginning on the day of the time of supply or a longer period that the Commissioner has allowed under subsection (5), the supply of the goods must be charged with tax at the rate specified in section 8 despite subsection (1)(d), (e), and (eb) but subject to subsection (1)(a), (1)(b) and subsection (5).
(5)
The Commissioner may extend the 28-day period before a supply of goods is charged with tax at the rate specified in section 8 if the Commissioner has determined, after the supplier has applied, that—
(a)
circumstances beyond the control of the supplier and the recipient have prevented, or will prevent, the export of the goods within 28 days beginning on the day of the time of supply; or
(b)
due to the nature of the supply, it is not practicable for the supplier to export the goods, or a class of the goods, within 28 days beginning on the day of the time of supply.
(6)
If subsection (1)(g) applies and the goods cannot be evidenced, as specified by the chief executive of the New Zealand Customs Service in accordance with the sealed bag system, as being exported within 28 days beginning on the day of the time of supply, despite subsection (1)(g), the supply must be charged with tax at the rate specified in section 8.
(7)
Subsection (1)(i) applies to the supply of a boat or an aircraft, if—
(a)
the boat or aircraft is exported within 60 days beginning on the date on which the recipient or the recipient’s agent takes physical possession of it, or within a longer period as the Commissioner may allow under subsection (8); and
(b)
the vendor or the purchaser provides the Commissioner with such documentation and undertakings as the Commissioner may require in relation to—
(i)
records of the sale of the supply; and
(ii)
limitations on dealings in and the uses to which the boat or aircraft will be put before export; and
(iii)
the proposed and actual date of export.
(8)
The Commissioner may extend the 60-day period if the Commissioner is satisfied, upon the written application of the supplier, that the export of the boat or aircraft within the period is or has been prevented by circumstances that are beyond the control of the supplier and the recipient or that relate to supplies to which subsection (1)(k) or section 11A(1)(ib) applies.
(8B)
Whether a supply of goods is zero-rated under subsection (1)(mb) is determined at the time of settlement of the transaction relating to the supply.
(8C)
Despite subsections (1)(mb) and (8B), a supplier may choose to apply the provisions of this Act applying before the changes made by the Taxation (GST and Remedial Matters) Act 2010 if they enter into a binding agreement before 1 April 2011 for which the time of supply is on or after that date.
(8D)
For the purposes of the zero-rating of land rules,—
(a)
a supply that is an assignment or surrender of an interest in land is a supply under subsection (1)(mb) if it meets the requirements set out in that subsection and paragraph (b) does not apply:
(ab)
a supply that is a surrender of a right to a payment under an agreement for the supply of an interest in land is a supply under subsection (1)(mb) if the supply of the interest in land meets the requirements set out in that subsection:
(b)
a supply of an interest in land that meets the requirements of subsection (1)(mb), and is made under an agreement providing for periodic payments for supplies of the interest in land, is not a supply under that subsection for the purposes of a payment for the supply paid or payable under the agreement if—
(i)
each amount payable under the agreement that is not a regular payment is anticipated, when the agreement is entered, to be 25% or less of the consideration specified in the agreement (the term consideration) for all supplies of the interest in land during the period referred to in subparagraph (iv); and
(ii)
the payment, if not a regular payment, is 25% or less of the term consideration; and
(iii)
each amount that is paid or payable before the payment, and is not a regular payment, is 25% or less of the term consideration; and
(iv)
the term consideration is treated as being the amount of consideration calculated under the agreement for supplies anticipated to be made during a period that is the longer of 1 year and the shortest possible fixed term of the agreement:
(c)
a supply by a person who is the lessee under a lease agreement is a supply under subsection (1)(mb), despite paragraph (b), if—
(i)
the supply is to a person who is not the lessor supplying an interest in land under the lease agreement to the lessee; and
(ii)
the supply is made under an arrangement that involves the lessee’s surrender of the interest in land to the lessor and the supply by the lessor of the interest in land under another lease agreement to a person other than the lessee; and
(iii)
the supplies of the interest in land under the lease agreements meet the requirements set out in subsection (1)(mb):
(d)
a registered person who is a non-profit body that is resident in New Zealand and acquires goods is treated, to the extent to which the person acquires the goods with an intention of using them other than for making exempt supplies, as acquiring the goods with the intention of using them for making taxable supplies.
(9)
For the purpose of this section—
aircraft has the meaning set out in section 2 of the Civil Aviation Act 1990
consumable stores means—
(a)
goods that passengers and crew on board an aircraft or a ship have available to consume; and
(b)
goods necessary to operate or maintain an aircraft or a ship, including fuel and lubricants but excluding spare parts and equipment
fishing ship has the meaning set out in section 2 of the Maritime Transport Act 1994
foreign-going ship means a ship on a voyage, or going, to a destination outside New Zealand, other than a pleasure craft or a fishing ship
New Zealand fisheries waters has the meaning set out in section 2 of the Fisheries Act 1996
pleasure craft has the meaning set out in section 2 of the Maritime Transport Act 1994
sealed bag system means a system under which a supplier—
(a)
is licensed to operate an export warehouse; and
(b)
may, with the authorisation of the chief executive of the New Zealand Customs Service, and subject to any conditions that the chief executive may specify, supply goods in a sealed bag to individuals intending to travel overseas within 5 days beginning on the day of the time of supply; and
(c)
must provide evidence that the goods have been exported from New Zealand within 5 days beginning on the day of the time of supply, and if conditions have been specified by the chief executive of the New Zealand Customs Service, in accordance with those conditions
ship has the meaning set out in section 2 of the Maritime Transport Act 1994.
Section 11: substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 90(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 11(1)(eb): inserted (with effect on 17 May 2007), on 19 December 2007, by section 273(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(1)(f): amended, on 27 March 2001 (applying on and after 10 October 2000), by section 63(1) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 11(1)(j): substituted, on 3 April 2006 (applying for supplies made on or after 19 May 2005), by section 288(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 11(1)(k): amended, on 30 March 2017, by section 352(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11(1)(ka): inserted, on 24 October 2001 (applying on and after 24 October 2001), by section 240(1) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
Section 11(1)(l): substituted, on 24 October 2001 (applying on and after 24 October 2001), by section 240(2) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
Section 11(1)(l): amended (with effect on 24 October 2001), on 19 December 2007, by section 273(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(1)(l)(i): substituted (with effect on 24 October 2001), on 19 December 2007, by section 273(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(1)(l)(ii): substituted (with effect on 24 October 2001), on 19 December 2007, by section 273(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(1)(l)(iib): inserted (with effect on 24 October 2001), on 19 December 2007, by section 273(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(1)(m)(i): replaced, on 2 June 2016, by section 185(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 11(1)(mb): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 10(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 11(1)(n): amended, on 1 January 2009 (applying to supplies made on or after 1 January 2009), by section 79(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 11(1)(o): substituted (with effect on 1 July 2010), on 21 December 2010, by section 10(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 11(1)(o)(ii): amended, on 1 April 2014, by section 125 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 11(1)(p): inserted, on 1 April 2014, by section 125 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 11(1)(p)(ii): amended, on 30 June 2014, by section 188(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 11(3B): inserted, on 6 October 2009, by section 709 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 11(3B): amended, on 2 June 2016, by section 185(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 11(3C): inserted, on 6 October 2009, by section 709 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 11(3D): inserted, on 6 October 2009, by section 709 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 11(4): amended (with effect on 17 May 2007), on 19 December 2007, by section 273(3)(a) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(4): amended (with effect on 17 May 2007), on 19 December 2007, by section 273(3)(b) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(5): amended, on 2 June 2016, by section 185(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 11(8): replaced, on 30 March 2017, by section 352(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11(8B): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 10(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 11(8C): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 10(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 11(8C): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 238(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 11(8D): replaced (with effect on 30 June 2014), on 30 March 2017, by section 352(5) (and see section 352(8)) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11(8D)(ab): inserted (with effect on 1 April 2011), on 30 March 2017, by section 352(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11(8D)(b): replaced (with effect on 1 April 2011), on 30 March 2017, by section 352(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11(8D)(c)(iii): amended, on 30 March 2017, by section 352(6) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11(8D)(d): inserted, on 30 March 2017, by section 352(7) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11(9) consumable stores: inserted, on 24 October 2001 (applying on and after 24 October 2001), by section 240(3) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
Section 11(9) consumable stores paragraph (a): amended (with effect on 24 October 2001), on 19 December 2007, by section 273(4) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(9) foreign-going ship: substituted (with effect on 24 October 2001), on 19 December 2007, by section 273(5) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11(9) pleasure craft: inserted, on 24 October 2001 (applying on and after 24 October 2001), by section 240(5) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
Section 11(9) ship: added, on 24 October 2001 (applying on and after 24 October 2001), by section 240(6) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
11A Zero-rating of services
(1)
A supply of services that is chargeable with tax under section 8 must be charged at the rate of 0% in the following situations:
(a)
the services, not being ancillary transport activities such as loading, unloading and handling, are the transport of passengers or goods—
(i)
from a place outside New Zealand to another place outside New Zealand; or
(ii)
from a place in New Zealand to a place outside New Zealand; or
(iii)
from a place outside New Zealand to a place in New Zealand; or
(b)
the services are the transport of passengers from a place in New Zealand to another place in New Zealand to the extent that the transport is by aircraft, as defined in section 2 of the Civil Aviation Act 1990, and is international carriage for the purpose of that Act; or
(bb)
the services are the transport of passengers from a place in New Zealand to another place in New Zealand by sea as part of an international cruise if either the first place of departure, or the final place of destination, of the cruise is outside New Zealand; or
(c)
the services, including ancillary transport activities such as loading, unloading and handling, are the transport of goods from a place in New Zealand to another place in New Zealand to the extent that the services are supplied by the same supplier as part of the supply of services to which paragraph (a)(ii) or (a)(iii) applies; or
(cb)
the services, including ancillary activities such as loading, unloading, handling and storing, are the transport of household goods from a place in New Zealand to another place in New Zealand, if—
(i)
the services are supplied to a person who, at the time of the supply, is non-resident and outside New Zealand; and
(ii)
the goods are entered for home consumption under the Customs and Excise Act 1996; and
(iii)
the arrangement for the supply of the services is made before the goods are entered; and
(iv)
the services are reasonably expected to be completed within the period of 28 days that begins on the date of entry of the goods; or
(d)
the services are the insuring, or the arranging of the insurance, or the arranging of the transport of passengers or goods to which any one of paragraphs (a) to (cb) applies; or
(e)
the services are supplied directly in connection with land situated outside New Zealand, or with an improvement to such land, or are supplied in connection with such land or improvement and are intended to enable or assist a change in the physical condition, or ownership or other legal status, of the land or improvement; or
(f)
the services are supplied directly in connection with moveable personal property, other than choses in action, situated outside New Zealand when the services are performed; or
(g)
the services are supplied to overseas postal organisations for the delivery in New Zealand of postal articles mailed outside New Zealand; or
(h)
the services are supplied directly in connection with goods supplied from outside New Zealand and whose destination is outside New Zealand, including stores for craft, only if the goods are not removed from the ship or aircraft in which they arrived while the ship or aircraft is in New Zealand; or
(i)
the services are supplied directly in connection with goods referred to in section 116 of the Customs and Excise Act 1996; or
(ib)
the services are supplied directly in connection with goods to which section 11(1)(i) applies; or
(j)
the services—
(i)
are physically performed outside New Zealand; and
(ii)
are not remote services supplied to a New Zealand resident who is not a registered person; or
(jb)
the services are the arranging of underlying services that—
(i)
are physically performed outside New Zealand; and
(ii)
are not remote services supplied to a New Zealand resident who is not a registered person; or
(jc)
the services are a supply of services to which section 60(1C)(a) applies, being a supply from an underlying supplier to an operator of a marketplace; or
(k)
subject to subsection (2), the services are supplied to a person who is a non-resident and who is outside New Zealand at the time the services are performed, not being services which are—
(i)
supplied directly in connection with land situated in New Zealand, or with an improvement to such land, or are supplied in connection with such land or improvement and are intended to enable or assist a change in the physical condition, or ownership or other legal status, of the land or improvement; or
(ii)
supplied directly in connection with moveable personal property, other than choses in action or goods to which paragraph (h) or (i) applies, situated in New Zealand at the time the services are performed; or
(iii)
the acceptance of an obligation to refrain from carrying on a taxable activity, to the extent to which the activity would have occurred within New Zealand; or
(l)
subject to subsection (2), the services are the supply of information to a person who is a non-resident and who is outside New Zealand at the time the services are performed, if the services are supplied directly in connection with moveable personal property situated in New Zealand at the time the services are performed; or
(m)
the services are supplied—
(i)
directly in connection with goods, the supply of which was subject to any one of section 11(1)(a) to (eb); and
(ii)
to a recipient who, when the services are performed, is a non-resident and outside New Zealand; or
(maa)
the services are supplied—
(i)
directly in connection with goods, the supply of which is subject to section 11(1)(p); and
(ii)
to a recipient who, when the services are performed, is a non-resident and not a registered person; or
(ma)
the services relate to goods under warranty to the extent that the services are—
(i)
provided under the warranty; and
(ii)
supplied for consideration that is given by a warrantor who is a non-resident, not a registered person and who is outside New Zealand at the time the services are performed; and
(iii)
in respect of goods that were subject to tax under section 12(1); or
(n)
subject to subsection (4), the services are—
(i)
the filing, prosecution, granting, maintenance, transfer, assignment, licensing or enforcement of intellectual property rights, including patents, designs, trade marks, copyrights, plant variety rights, know-how, confidential information, trade secrets or similar rights; or
(ii)
other services in respect of rights listed in subparagraph (i), including services involved in the making of searches, the giving of advice, opposing a grant or seeking the revocation of the rights, or opposing steps taken to enforce the rights; or
(o)
the services are the acceptance of an obligation to refrain from pursuing or exercising in whole or in part rights listed in paragraph (n) to the extent that the rights are for use outside New Zealand; or
(p)
the services are the acceptance of an obligation to refrain from carrying on a taxable activity if the activity would have occurred outside New Zealand; or
(q)
the services are financial services that are supplied in respect of a taxable period, by a registered person who has made an election under section 20F, to a registered person who makes supplies of goods and services such that taxable supplies that are not charged with tax at the rate of 0% under this paragraph or under paragraph (r) make up not less than 75% of the total value of the supplies in respect of—
(i)
a 12-month period that includes the taxable period; or
(ii)
a period acceptable to the Commissioner; or
(r)
the services are financial services that are supplied in respect of a taxable period, by a registered person who has made an election under section 20F, to a person who is a member of a group of companies for the purposes of section IA 6 of the Income Tax Act 2007 and—
(i)
the members of the group make supplies of goods and services to persons who are not members of the group in respect of—
(A)
a 12-month period that includes the taxable period; or
(B)
a period acceptable to the Commissioner; and
(ii)
not less than 75% of the total value of the supplies referred to in subparagraph (i) consists of taxable supplies that are not charged with tax at the rate of 0% under this paragraph or under paragraph (q); or
(s)
the services are an emissions unit and the supply is the transfer of the emissions unit, other than a transfer by the Crown under—
(i)
an agreement relating to a project to reduce emissions:
(ii)
a negotiated greenhouse agreement, to a person because the person exceeds the milestone targets under the agreement:
(t)
the services are an emissions unit, and the supply is the surrender of the emissions unit under section 63 of the Climate Change Response Act 2002; or
(u)
the services are supplied to or by the Crown as consideration for a supply—
(i)
for which there is no payment of a price; and
(ii)
that is chargeable at the rate of 0% under paragraph (s) or (t); or
(v)
[Repealed](w)
the supply is a sale or other disposal of services that are a unit—
(i)
issued by reference to the sequestration, or avoidance of emission, of human-induced greenhouse gases; and
(ii)
other than an emissions unit; and
(iii)
verified to an internationally recognised standard; or
(x)
the services are remote services to which section 8(3)(c) applies that are provided to a registered person and the supplier has chosen under section 8(4D) to treat the supply as made in New Zealand.
(1B)
Subsection (1)(j) does not apply to a supply of services that is treated by section 8(4B) as being made in New Zealand unless the nature of the services is such that the services can be physically received at no time and place other than the time and place at which the services are physically performed.
(1C)
For the purposes of subsection (1)(jb), the services that are the arranging of the underlying services may include more than 1 supply if the supplies are made to facilitate the supply of the underlying services.
(2)
Subsection (1)(k) and (1)(l) do not apply to a supply of services under an agreement that is entered into, whether directly or indirectly, with a person (person A) who is a non-resident if—
(a)
the performance of the services is, or it is reasonably foreseeable at the time the agreement is entered into that the performance of the services will be, received in New Zealand by another person (person B), including—
(i)
an employee of person A; or
(ii)
if person A is a company, a director of the company; and
(b)
it is reasonably foreseeable, at the time the agreement is entered into, that person B will not receive the performance of the services in the course of making taxable or exempt supplies.
(3)
For the purpose of subsection (1)(k), (1)(l) and (1)(ma), and subsection (1)(n) as modified by subsection (4)(b), outside New Zealand, for a company or an unincorporated body that is not resident, includes a minor presence in New Zealand, or a presence that is not effectively connected with the supply.
(3B)
For the purpose of subsection (1)(k), outside New Zealand, for a natural person, includes a minor presence in New Zealand that is not directly in connection with the supply.
(4)
Subsection (1)(n) applies only to the extent that—
(a)
the rights are for use outside New Zealand; or
(b)
the services are supplied to a person who is a non-resident and who is outside New Zealand when the services are performed.
(5)
This section does not apply to supplies of telecommunications services.
(6)
The availability of a deduction under subsection (1)(q) and (r) must be determined using a method allowed by section 20E.
(7)
Subsection (1)(x) does not apply to a supply of services for which the supplier subsequently makes an election under section 24(5B).
Section 11A: inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 90(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 11A(1)(b): amended, on 1 June 2004, by section 41(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 11A(1)(bb): inserted, on 26 March 2003, by section 156(1) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 11A(1)(cb): inserted, on 25 November 2003 (applying to supplies made on or after 25 November 2003), by section 149(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(d): amended, on 25 November 2003 (applying to supplies made on or after 25 November 2003), by section 149(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(e): replaced, on 1 April 2017, by section 353(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(ib): inserted, on 30 March 2017, by section 353(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(j): replaced (with effect on 1 October 2016), on 30 March 2017, by section 353(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(jb): inserted (with effect on 1 October 2016), on 30 March 2017, by section 353(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(jc): inserted (with effect on 1 October 2016), on 30 March 2017, by section 353(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(k): amended, on 25 November 2003, by section 149(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(k)(i): replaced, on 1 April 2017, by section 353(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(k)(ii): replaced, on 1 April 2017, by section 353(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(k)(iii): inserted, on 1 April 2017, by section 353(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(1)(l): amended, on 25 November 2003, by section 149(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(m): substituted, on 25 November 2003, by section 149(4) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(m)(i): amended (with effect on 17 May 2007), on 19 December 2007, by section 274 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 11A(1)(maa): inserted, on 30 June 2014, by section 189(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 11A(1)(ma): inserted, on 17 October 2002 (applying on and after 1 August 2002), by section 100(1) of the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32).
Section 11A(1)(ma)(ii): amended, on 25 November 2003, by section 149(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(p): amended, on 1 January 2005, by section 149(5) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(q): added, on 1 January 2005, by section 149(5) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(r): added, on 1 January 2005, by section 149(5) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(1)(r): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 11A(1)(r)(ii): amended, on 1 January 2009 (applying to supplies made on or after 1 January 2009), by section 80(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 11A(1)(s): substituted (with effect on 1 July 2010), on 7 September 2010, by section 191(1) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 11A(1)(t): added, on 1 January 2009 (applying to supplies made on or after 1 January 2009), by section 80(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 11A(1)(u): substituted (with effect on 1 July 2010), on 21 December 2010, by section 11 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 11A(1)(v): repealed (with effect on 1 July 2010), on 7 September 2010, by section 191(2) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 11A(1)(w): added, on 1 April 2010, by section 710(3) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 11A(1)(w)(iii): amended, on 1 October 2016, by section 58(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 11A(1)(x): inserted, on 1 October 2016, by section 58(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 11A(1B): substituted, on 1 January 2005, by section 145(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 11A(1C): inserted (with effect on 1 October 2016), on 30 March 2017, by section 353(5) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 11A(2): amended, on 25 November 2003, by section 149(7) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(3): amended, on 17 October 2002 (applying on and after 1 August 2002), by section 100(2) of the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32).
Section 11A(3B): inserted, on 30 June 2014, by section 189(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 11A(4)(b): amended, on 25 November 2003, by section 149(7) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11A(5): added, on 1 July 2003, by section 156(2) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 11A(6): added, on 1 January 2005, by section 145(2) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 11A(7): inserted, on 1 October 2016, by section 58(3) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
11AB Zero-rating of telecommunications services
A supply of services that is chargeable with tax under section 8 must be charged at the rate of 0% if—
(a)
the services are the supply of telecommunications services to an overseas telecommunications supplier by a telecommunications supplier who is a resident; or
(b)
the services are the supply of telecommunications services to a person, not being an overseas telecommunications supplier, for a telecommunications service that is initiated outside New Zealand under section 8(9).
Section 11AB: inserted, on 1 July 2003, by section 157 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 11AB(a): amended, on 25 November 2003, by section 150(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11AB(b): amended (with effect on 1 July 2003), on 25 November 2003, by section 150(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
11B Zero-rating of some supplies by territorial authorities, some supplies involving contributions to local authorities
(1)
A supply of services that is chargeable with tax under section 8 must be charged at the rate of 0% if the supplier is a territorial authority and the consideration for the supply is proceeds from the local authorities petroleum tax paid to the supplier under section 198 of the Local Government Act 1974.
(1B)
If a supply under section 5(7B) of goods and services by a local authority to a registered person is chargeable with tax under section 8, the supply must be charged at the rate of 0% to the extent that the contribution made by the registered person to the local authority consists of land.
(1C)
If a supply under section 5(7C) of goods and services by a person to a local authority is chargeable with tax under section 8, the supply must be charged at the rate of 0% if the local authority is a registered person.
(1D)
[Repealed](1E)
[Repealed](2)
For the purpose of subsection (1)—
local authorities petroleum tax is local authorities petroleum tax levied in accordance with Part 11 of the Local Government Act 1974
territorial authority means a territorial authority within the meaning of the Local Government Act 2002.
Section 11B: inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 90(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 11B heading: amended, on 25 November 2003, by section 151(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11B(1B): inserted, on 25 November 2003 (applying to contributions that are made on or after 25 November 2003), by section 151(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11B(1C): inserted, on 25 November 2003 (applying to contributions that are made on or after 25 November 2003), by section 151(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 11B(1D): repealed, on 6 August 2010, by section 5(3) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).
Section 11B(1E): repealed, on 6 August 2010, by section 5(3) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).
Section 11B(2) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
11C Treatment of supplies by operators of loyalty programmes
(1)
This section applies when an operator of a loyalty programme makes a supply of services by entering into an arrangement (a loyalty transaction) with another person (the purchaser) through which the operator receives consideration for providing loyalty points to a third person as directed by the purchaser.
(2)
The operator may defer the time of the supply of the services under section 9(9) to the time at which loyalty points are redeemed for reward if they meet the requirements of subsections (3) to (5).
(3)
The first requirement is that 25% or more of the operator’s taxable supplies must be zero-rated supplies of goods or services. The 25% threshold—
(a)
may be met by including the taxable activity of an associated person:
(b)
must be met for the 12-month period that ends with the month in which the supply of services under the loyalty transaction is made, and the operator must have reasonable grounds for believing the threshold will be met for the 12-month period that begins with the month in which that supply of services is made.
(4)
The second requirement is that—
(a)
the operator or an associated person must make supplies of goods or services in a business activity (the main business activity) that is an activity other than a business of operating a loyalty programme; and
(b)
the loyalty points supplied by the operator must only be able to be redeemed for reward as part of the main business activity.
(5)
The third requirement is that when the loyalty points are redeemed, the operator must be able to identify whether—
(a)
tax under section 8 has been imposed on the supply of the loyalty points:
(b)
the time of supply has been deferred under section 9(9).
(6)
If the operator has a partner in an associated loyalty programme, the second requirement is still treated as met if, in addition to those requirements, loyalty points supplied by the operator are able to be redeemed for reward by the partner.
Section 11C: inserted, on 6 October 2009, by section 711 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
12 Imposition of goods and services tax on imports
(1)
Notwithstanding anything in this Act, a tax to be known as goods and services tax shall be levied, collected, and paid in accordance with the provisions of this section at the rate of 15% on the importation of goods (not being fine metal) into New Zealand, being goods that are—
(a)
entered therein, or delivered, for home consumption under the Customs and Excise Act 1996; or
(b)
entered for delivery to a manufacturing area licensed under section 12 of the Customs and Excise Act 1996; or
(c)
before their entry, or delivery, for home consumption or, as the case may be, entry for delivery to a manufacturing area licensed under section 12 of the Customs and Excise Act 1996, dealt with in breach of any provision of the Customs and Excise Act 1996,—
by reference to the value of the goods as determined under subsection (2).
(1A)
Goods and services tax is not payable under subsection (1) for any goods if the chief executive of the New Zealand Customs Service is satisfied that, at the time of importation or entry for home consumption under the Customs and Excise Act 1996,—
(a)
the goods are intended solely for the use of an organisation, visiting force, expedition, or other body approved by the chief executive of the New Zealand Customs Service that may be established or temporarily based in New Zealand under an agreement or arrangement entered into by or on behalf of the Government of New Zealand with the Government of another State, the United Nations, or any other international organisation; or
(b)
the goods are intended solely for the use of a person temporarily resident in New Zealand for the purpose of serving as a member of any approved organisation, visiting force, expedition, or other body.
(2)
For the purposes of subsection (1), the value of goods imported into New Zealand shall be the sum of the following amounts (excluding any tax charged under this Act):
(a)
the amount of the value of the goods determined in accordance with Schedule 2 of the Customs and Excise Act 1996 (whether or not duty is payable under that Act); and
(b)
the amounts of duty (if any) and tax (if any) payable on those goods under the Customs and Excise Act 1996, but not including any tax levied or charged under this Act; and
(c)
the amount paid or payable to transport the goods to New Zealand and to insure the goods for such transport, if not already included under paragraph (a); and
(d)
the amount of levy paid or payable on goods under the Climate Change Response Act 2002.
(3)
Subject to this section, tax levied under subsection (1) shall be collected and paid in accordance with the Customs and Excise Act 1996.
(4)
The following provisions shall apply to the collection, payment, and enforcement of goods and services tax levied under subsection (1):
(a)
(b)
section 109 of the Customs and Excise Act 1996:
provided that this paragraph shall apply only in respect of goods that are imported by the same person as the person who exported them from New Zealand if, at the time of their export from New Zealand, those goods were not—
(i)
a supply of goods charged with tax at the rate of 0% pursuant to section 11; or
(ii)
a supply of goods, made before 1 October 1986, that would have been charged with tax at the rate of 0% pursuant to section 11 if the supply of those goods had taken place on 1 October 1986; and
(c)
sections 111, 112, 113, 115, and 118 of the Customs and Excise Act 1996:
provided that this paragraph shall not apply to any registered person in respect of goods imported for the purpose of carrying on that person’s taxable activity if the person is entitled to make an input tax deduction under section 20(3) in respect of the goods; and
(d)
section 117 of the Customs and Excise Act 1996, where—
(i)
the specifications of the imported goods are not in accordance with the specifications of the goods ordered, or the imported goods are faulty; and
(ii)
the recipient is either not a registered person, or is a registered person but is not entitled to make an input tax deduction under section 20(3) in respect of the imported goods; and
(iii)
the person who imported the goods exports the goods—
(A)
in the case of goods with the wrong specifications, within 2 months after their importation, or such longer period not exceeding 12 months after their importation as may be approved by the Customs; or
(B)
in the case of faulty goods, within 12 months after their importation; and
(e)
reference numbers 40, 45, 70, 75, 80, 81, and 82 of Part 2 of the Tariff (as defined in section 2(1) of the Tariff Act 1988) if—
(i)
the goods are entitled to be entered under any of these reference numbers; or
(ii)
the goods are entitled to be entered duty free under Part 1 of the Tariff (as so defined), but would have been entitled to be entered under any of these reference numbers if the goods had been dutiable under Part 1 of the Tariff (as so defined).
(f)
[Repealed](5)
No liability to goods and services tax shall arise under any provision of the Customs and Excise Act 1996 by virtue of the operation of subsection (3) or subsection (4).
Section 12: substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 12(1): amended, on 20 May 2010 (applying to the importation of goods on or after 1 October 2010), by section 47(1) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 12(1A): inserted, on 27 September 2001, by section 3 of the Goods and Services Tax Amendment Act 2001 (2001 No 68).
Section 12(2)(c): amended, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Section 12(2)(d): inserted, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Section 12(4)(a): amended, on 10 October 2000 (applying on and after 1 October 1996), by section 91(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 12(4)(c): amended, on 1 October 1996, by section 53(1) of the Taxation (Remedial Provisions) Act 1996 (1996 No 159).
Section 12(4)(c) proviso: amended, on 10 October 2000 (applying on and after 10 October 2000), by section 91(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 12(4)(d): amended, on 1 October 1996, by section 53(2) of the Taxation (Remedial Provisions) Act 1996 (1996 No 159).
Section 12(4)(d)(ii): amended, on 21 June 2005, by section 156 of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 12(4)(e): substituted, on 1 January 2010, by section 9(6) of the Tariff Amendment Act 2009 (2009 No 62).
Section 12(4)(f): repealed, on 10 October 2000 (applying on and after 10 October 2000), by section 91(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
13 Imposition of goods and services tax on goods liable to excise duty and supplied at in bond prices
[Repealed]Section 13: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
14 Exempt supplies
(1)
The following supplies of goods and services shall be exempt from tax:
(a)
the supply of any financial services (together with the supply of any other goods and services, supplied by the supplier of those financial services, which are reasonably incidental and necessary to that supply of financial services), not being a supply referred to in subsection (1B):
(i)
[Repealed](ii)
[Repealed](b)
the supply by any non-profit body of any donated goods and services:
(c)
the supply of accommodation in any dwelling by way of—
(i)
hire; or
(ii)
a service occupancy agreement; or
(iii)
a licence to occupy:
(ca)
the supply of leasehold land by way of rental (not being a grant or sale of the lease of that land) to the extent that that land is used for the principal purpose of accommodation in a dwelling erected on that land:
(cb)
the supply of property by way of lease that is to be used for the principal purpose of accommodation in a dwelling by any person, other than a registered person in the course or furtherance of a taxable activity:
(d)
the supply, being a sale, by any registered person in the course or furtherance of any taxable activity of—
(i)
any dwelling; or
(ii)
the reversionary interest in the fee simple estate of any leasehold land,—
that has been used by the registered person for a period of 5 years or more before the date of the supply exclusively for the making of any supply or supplies referred to in paragraph (c) or paragraph (ca):
(e)
the supply of any fine metal, not being a supply which, but for this paragraph, would be charged with tax at the rate of 0% pursuant to section 11.
(1B)
The following supplies are excluded from the exemption under subsection (1):
(a)
a supply of financial services that, in the absence of subsection (1)(a), would be charged with tax at the rate of 0% under section 11A:
(b)
a supply described in paragraph (b) of the definition of associated supply:
(c)
a supply of goods and services which (although being part of a supply of goods and services which, but for this paragraph, would be an exempt supply under subsection (1)(a)) is not in itself, as between the supplier of that first-mentioned supply and the recipient, a supply of financial services in respect of which subsection (1)(a) applies.
(2)
A supplier and a recipient may agree, recording their agreement in a document, that a supply under subsection (1)(cb) is not an exempt supply if—
(a)
the lease was entered into before 16 May 2000; and
(b)
the supplier has, before 16 May 2000, treated a supply under the lease as being a taxable supply.
(3)
An amount is treated as being consideration for an exempt supply if it is—
(a)
penalty or default interest, or a charge in the nature of penalty or default interest, that is imposed—
(i)
under a contract for the supply of goods and services:
(ii)
under an enactment:
(b)
a penalty imposed on unpaid rates under the Local Government (Rating) Act 2002:
(c)
a postponement fee, or a part of a postponement fee, that is imposed under section 88 of the Local Government (Rating) Act 2002 and that relates to financial costs of the local authority arising from a postponement of rates.
Section 14(1)(a): substituted, on 19 December 1989 (applying to supplies made on or after 19 December 1989), by section 8(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 14(1)(a): amended, on 3 April 2006, by section 289(1)(a) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 14(1)(a)(i): repealed, on 3 April 2006, by section 289(1)(b) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 14(1)(a)(ii): repealed, on 3 April 2006, by section 289(1)(b) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 14(1)(c): substituted, on 1 August 1990 (applying to supplies made on or after 1 August 1990), by section 6(1) of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
Section 14(1)(ca): inserted (with effect on 3 December 1985), on 8 August 1986, by section 12(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 14(1)(cb): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 92(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 14(1)(d): substituted, on 1 August 1990 (applying to supplies made on or after 1 August 1990), by section 6(2) of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
Section 14(1)(e): added (with effect on 3 December 1985), on 8 August 1986, by section 12(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 14(1)(e): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 92(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 14(1B): inserted, on 3 April 2006 (applying in relation to the insertion of section 14(1B)(b) for supplies of financial services that are made on or after 3 April 2006), by section 289(2) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 14(2): added, on 10 October 2000 (applying on and after 10 October 2000), by section 92(5) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 14(2): amended, on 2 June 2016, by section 186 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 14(3): substituted, on 25 November 2003 (applying to an amount of penalty, interest, charge or fee that is imposed on or after 1 July 2003), by section 152(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Part 3 Returns and payment of tax
15 Taxable periods
(1)
A registered person’s taxable period must be one of the following:
(a)
a 6-month period, if subsection (2) applies:
(b)
a 2-month period:
(c)
a 1-month period, if subsection (3) or (4) applies.
(2)
A person’s taxable period may be a 6-month period if the person applies to the Commissioner to pay on that basis and—
(a)
the person’s taxable supplies in a 12-month period are no more, and are not likely to be more, than $500,000:
(b)
the person makes 80% or more of the person’s taxable supplies for an income year during a period of 6 months or less that ends with, or less than 1 month before, the end of the income year and has not had a 6-month period as a taxable period under this paragraph in the 24-month period before the application.
(3)
A person’s taxable period may be a 1-month period if the person applies to the Commissioner to pay on that basis.
(4)
A person’s taxable period must be a 1-month period if the person’s taxable supplies in a 12-month period are more, or are likely to be more, than $24,000,000.
(5)
For the purposes of subsections (2) and (4),—
(a)
the 12-month period is a period that starts on the first day of a month and ends on the last day of a month:
(b)
the amount of a person’s taxable supplies does not include the amount of taxable supplies arising as part of—
(i)
the ending, including a premature ending, of a taxable activity carried on by the person:
(ii)
a substantial and permanent reduction in the size or scale of a taxable activity carried on by the person:
(iii)
the replacement of plant or a capital asset used in a taxable activity carried on by the person:
(c)
the Governor-General, from time to time, may declare by Order in Council another amount as the limit applying to the value of a person’s taxable supplies.
(6)
Despite subsections (1) to (4), the taxable period of a non-resident supplier whose only supplies are supplies of remote services to which section 8(3)(c) applies, is a 3-month period, based on a first quarter ending on 31 March.
Section 15: substituted, on 1 October 2007, by section 291(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 15(2): replaced, on 30 March 2017, by section 354 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 15(6): replaced, on 1 April 2017, by section 59(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
15A Change in registered person’s taxable period
[Repealed]Section 15A: repealed, on 1 October 2007, by section 291(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
15AB Transitional provision: alignment of taxable periods with balance dates
[Repealed]Section 15AB: repealed, on 1 October 2007, by section 291(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
15B Taxable periods aligned with balance dates
(1)
Unless section 15(3) or (4) applies, a person with a provisional tax liability must have a taxable period that is either a 2-month period or a 6-month period.
(2)
A person must have a taxable period that is aligned with the person’s balance date under section 33 or 38 of the Tax Administration Act 1994, reflecting the applicable payment dates in Schedule 3, Part A of the Income Tax Act 2007.
(3)
For the purposes of subsection (2), a person whose balance date changes during an income year must,—
(a)
before the new balance date, use the payment frequency applying at the start of the income year:
(b)
after the new balance date, use the cycle of taxable periods starting on the first day of the new income year.
(4)
If a person’s GST cycle is not aligned with the person’s balance date and the person has a provisional tax liability for a tax year, the Commissioner must adjust the person’s taxable periods by truncating the last taxable period before the balance date so that the taxable period and income year end on the same date.
(5)
The Commissioner may make the adjustment in subsection (4) if—
(a)
the person’s income tax liability indicates that a provisional tax liability is likely to arise:
(b)
the person asks for the adjustment.
(6)
In this section, balance date, for a registered person mean,—
(a)
if neither of paragraphs (b) and (c) applies, the person’s annual balance date for their accounts for the income year corresponding to the tax year for which the person must provide a return of income under the Tax Administration Act 1994:
(b)
if the person has an income year that coincides with the tax year or is not required to provide a return of income for the tax year, 31 March:
(c)
if the person is a non-resident company that does not have a fixed establishment in New Zealand, 31 March.
Section 15B: inserted, on 1 October 2007, by section 291(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 15B(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
15C Changes in taxable periods
(1)
A person to whom section 15(1)(b) or (c) applies may change the person’s taxable period to a 6-month period if the person meets the requirements of section 15(2).
(2)
A person to whom section 15(1)(a) applies, who does not meet the requirement of section 15(2)(b) and fails to meet the requirement of section 15(2)(a) in relation to a 12-month period, is required to change the person’s taxable period at the end of the taxable period ending on or after the end of the 12-month period, if subsection (2B) does not apply.
(2B)
A person who fails to meet the requirement of section 15(2)(a) in relation to a 12-month period is relieved from the requirement under subsection (2) to change the person’s taxable period if the person—
(a)
is likely to meet the requirement of section 15(2)(a) in relation to the following 12-month period; and
(b)
is not relieved by this subsection from a requirement under subsection (2) arising from a failure to meet the requirement of section 15(2)(a) in relation to the preceding 12-month period.
(3)
A person to whom section 15(1)(a) applies may apply to the Commissioner, in a way acceptable to the Commissioner, to change the person’s taxable period to a 2-month period.
(3B)
A person to whom section 15(1)(a) or (b) applies may apply to the Commissioner, in a way acceptable to the Commissioner, to change the person’s taxable period to a 1-month period.
(3C)
A person to whom section 15(1)(c) applies may apply to the Commissioner, in a way acceptable to the Commissioner, to change the person’s taxable period to a 2-month period, unless section 15(4) applies.
(4)
A person whose taxable period is based on a 6-month or 2-month cycle is treated as having changed to a 1-month cycle if—
(a)
the threshold in section 15(4) applies at the end of a taxable period to the person’s taxable supplies; and
(b)
the person has not notified the Commissioner of a change of status under section 53(1)(ca) before the end of the next taxable period.
(5)
A return provided after a change in taxable period must not include amounts for a period for which a return has already been provided.
Section 15C: inserted, on 1 October 2007, by section 291(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 15C(1): replaced, on 30 March 2017, by section 355(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 15C(2): replaced, on 30 March 2017, by section 355(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 15C(2B): inserted, on 30 March 2017, by section 355(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 15C(3B): inserted, on 1 October 2007, by section 214(1) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 15C(3C): inserted, on 1 October 2007, by section 214(1) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
15D When change in taxable period takes effect
(1)
This section applies if a registered person, who qualifies under section 15,—
(a)
applies under section 15B(5)(b) or 15C to change the basis on which the person’s taxable period is set; or
(b)
is required because of section 39B of the Tax Administration Act 1994 to change the basis on which the person’s taxable period is set.
(2)
A change in taxable period takes effect at the end of the taxable period in which the person applies or is required to change the basis on which the person’s taxable period is set.
(3)
Despite subsection (2), for a person to whom section 15B applies, the Commissioner must adjust the effective date of the change in taxable period if, as a result of the change, the person’s taxable period is not aligned with the person’s balance date.
(4)
Section RC 27 of the Income Tax Act 2007 overrides this section.
Section 15D: inserted, on 1 October 2007, by section 291(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 15D(1)(a): amended, on 1 October 2007, by section 215(1) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 15D(4): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
15E Meaning of end of taxable period
(1)
A taxable period ends on the last day of a month.
(2)
Despite subsection (1), a registered person may apply to the Commissioner to have a taxable period ending on a day that is not more than 7 days before or after the last day of a month.
(3)
Subsection (4) applies if 1 or more of the following events occurs in relation to a registered person:
(a)
the natural person dies or is made bankrupt:
(b)
the company goes into liquidation or receivership, or ceases to exist on amalgamation (as defined in section YA 1 of the Income Tax Act 2007).
(4)
Despite subsection (1), if an event referred to in subsection (3) occurs, the date of the event is treated as the end of the person’s taxable period.
Section 15E: inserted, on 1 October 2007, by section 291(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 15E(3)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
16 Taxable period returns
(1)
A registered person must provide a return setting out the amount of tax payable by them for a taxable period, calculated under section 20.
(2)
A return required by subsection (1) must be provided on or before—
(a)
the 28th of the month following the end of the taxable period, if paragraph (b) or (c) do not apply; or
(b)
15 January, if the month following the end of the taxable period is December; or
(c)
7 May, if the month following the end of the taxable period is April.
(3)
If the circumstances of a non-profit body or a particular case mean a variation is required in the date on which a return must be provided, the Commissioner may vary the date.
(4)
A person who ceases to be a registered person must provide a final return for the part of the last taxable period for which they were registered.
(5)
A return required by subsection (4) must be provided on or before—
(a)
the 28th of the month following the end of the taxable period, if paragraph (b) or (c) do not apply; or
(b)
15 January, if the month following the end of the taxable period is December; or
(c)
7 May, if the month following the end of the taxable period is April.
(6)
A return must contain a notice of the assessment that must be made under section 92B of the Tax Administration Act 1994.
Section 16: substituted, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 292(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 16(2)(a): substituted, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 216(1) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 16(2)(b): substituted, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 216(1) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 16(2)(c): added, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 216(1) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 16(5)(a): substituted, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 216(2) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 16(5)(b): substituted, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 216(2) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 16(5)(c): added, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 216(2) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
17 Special returns
(1)
Where goods are deemed to be supplied by a person pursuant to section 5(2), the person selling the goods, whether or not that person is a registered person, shall—
(a)
furnish to the Commissioner in the prescribed form a return showing—
(i)
that person’s name and address and, if registered, registration number; and
(ii)
the name, address, and, if registered, registration number of the person whose goods were sold; and
(iii)
the date of the sale; and
(iv)
the description and quantity of the goods sold; and
(v)
the amount for which they were sold and the amount of tax charged on that supply; and
(vi)
such other particulars as may be prescribed; and
(b)
pay to the Commissioner the amount of tax charged on that supply; and
(c)
furnish to the person whose goods were sold, details of the information shown on the return referred to in paragraph (a),—
and the person selling the goods and the person whose goods were sold shall exclude from any return, other than a return required pursuant to this subsection, which either or both may be required to furnish under this Act, the tax charged on that supply of goods.
(1B)
The actions required of a person under subsection (1)(a) to (c) must be completed, on or before—
(a)
the 28th of the month following the end of the month in which the relevant sale was made, if paragraphs (b) or (c) do not apply; or
(b)
15 January, if November is the month in which the relevant sale was made; or
(c)
7 May, if March is the month in which the relevant sale was made.
(2)
Any amount of tax charged on any supply of goods to which this section applies shall be deemed, for the purposes of this Act, to be tax payable and shall be recoverable as a debt due to the Crown.
(3)
A return must contain a notice of the assessment that must be made under section 92B of the Tax Administration Act 1994.
Section 17(1): amended (with effect on 30 November 2007), on 19 December 2007 (applying for taxable periods ending on or after 30 November 2007), by section 275(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 17(1): amended, on 22 June 1987, by section 5(a) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
Section 17(1): amended, on 22 June 1987, by section 5(d) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
Section 17(1)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 15(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 17(1)(a)(ii): amended, on 22 June 1987, by section 5(b) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
Section 17(1)(a)(vi): substituted (with effect on 3 December 1985), on 8 August 1986, by section 15(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 17(1)(c): substituted, on 19 December 1989, by section 10 of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 17(1B): inserted (with effect on 30 November 2007), on 19 December 2007 (applying for taxable periods ending on or after 30 November 2007), by section 275(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 17(1B): amended (with effect on 30 November 2007), on 21 December 2010 (applying to taxable periods ending on or after 30 November 2007), by section 12(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 17(3): added, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 147(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
18 Other returns
In addition to the returns specified in sections 16, 17, and 19B, the Commissioner may require any person, whether a registered person or not, to furnish (whether on that person’s own behalf or as an agent or trustee) to the Commissioner such further or other returns in the prescribed form as and when the Commissioner requires for the purposes of this Act.
Section 18: amended, on 25 November 2003, by section 153 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
19 Accounting basis
(1)
Subject to sections 19A to 19D, every registered person must account for tax payable on an invoice basis for the purpose of section 20.
(1B)
Despite subsection (1), if the Commissioner registers a non-resident person under section 54B, the person must account for tax payable on a payments basis for the purpose of section 20.
(2)
The Commissioner may, on application in that behalf by a registered person, direct that for the purposes of section 20 the registered person account for tax payable—
(a)
on a payments basis, if the registered person satisfies the requirements of section 19A(1); or
(b)
on a hybrid basis.
(3)
The Commissioner may, on application in that behalf by a registered person who pursuant to a direction of the Commissioner accounts for tax payable on a hybrid basis or a payments basis, direct that the registered person account for tax payable—
(a)
on an invoice basis; or
(b)
on a hybrid basis; or
(c)
on a payments basis, if the registered person satisfies the requirements of section 19A(1).
(3B)
Despite subsection (3), a liquidator, receiver, or administrator (as defined in section 239B of the Companies Act 1993) of a registered person who accounts for tax payable on a payments basis may not apply to change the registered person’s accounting basis to an invoice basis.
(4)
Where the Commissioner gives a direction in respect of a registered person’s accounting basis under subsection (2) or subsection (3) of this section or under section 19A(2), the registered person shall account for tax payable on the accounting basis directed by the Commissioner with effect from—
(a)
the commencement of the taxable period immediately following the taxable period during which the direction is given by the Commissioner, in any case to which paragraph (b) or paragraph (c) does not apply; or
(b)
the person’s registration under this Act, where the direction is given by the Commissioner before the end of the first taxable period of the person that follows that registration; or
(c)
the commencement of such other taxable period as the Commissioner considers equitable, where the Commissioner and the person so agree.
Section 19: substituted, on 1 April 1991 (applying to allow changes in a registered person’s accounting basis in respect of taxable periods commencing on and after 1 April 1991), by section 3(1) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 19(1): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 95(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 19(1B): inserted, on 1 April 2014, by section 126 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 19(2): amended, on 2 June 2016, by section 187(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 19(3): amended, on 2 June 2016, by section 187(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 19(3B): inserted, on 2 November 2012 (applying in relation to an application for a change to a registered person’s accounting basis received on or after that date), by section 213 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
19A Requirements for accounting on payments basis
(1)
The Commissioner shall not direct any registered person to account for tax payable on a payments basis under section 19 unless—
(a)
the registered person is—
(i)
[Repealed](ii)
[Repealed](iii)
a non-profit body; or
(iv)
a non-resident; or
(b)
in respect of the registered person—
(i)
at the end of any month, the total value of the person’s taxable supplies in the period of 12 months then ending has not exceeded $2,000,000 (or such greater amount as the Governor-General may, from time to time, by Order in Council declare); or
(ii)
in the period of 12 months beginning on the first day of any month, the total value of the person’s taxable supplies is not likely to exceed the amount specified in or under subparagraph (i); or
(c)
the Commissioner is satisfied that, due to the nature, volume, and value of taxable supplies made by the registered person and the nature of the accounting system employed by the person, it would be appropriate for the person to furnish returns under this Act on a payments basis.
(2)
Where the Commissioner is satisfied (whether by a notification given by the registered person under section 53(1)(cb) or otherwise) that a registered person who has been directed to account for tax payable on a payments basis has ceased to satisfy the conditions set out in paragraphs (a) to (c) of subsection (1), the Commissioner shall either—
(a)
direct that the registered person account for tax payable on an invoice basis; or
(b)
on application by the registered person, direct that the registered person account for tax payable on a hybrid basis.
(3)
For the purposes of subsection (2), a registered person shall not be treated as having ceased to satisfy the conditions of subsection (1) by reason only that the total value of the registered person’s taxable supplies has exceeded, or as the case may be will exceed, the amount specified by or under subsection (1)(b) solely as a consequence of—
(a)
any ending of, including a premature ending of, or any substantial and permanent reduction in the size or scale of, any taxable activity carried on by that person; or
(b)
the replacement of any plant or other capital asset used in any taxable activity carried on by that person.
Section 19A: inserted, on 1 April 1991 (applying to allow changes in a registered person’s accounting basis in respect of taxable periods commencing on and after 1 April 1991), by section 3(1) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 19A(1)(a)(i): repealed, on 10 April 1995, by section 7 of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
Section 19A(1)(a)(ii): repealed (with effect on 1 July 2013), on 17 July 2013, by section 127(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 19A(1)(a)(iv): inserted, on 1 April 2014, by section 127(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 19A(1)(b)(i): amended, on 30 March 2009, by section 26 of the Taxation (Business Tax Measures) Act 2009 (2009 No 5).
Section 19A(2): amended, on 23 September 1997, by section 111 of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).
Section 19A(2)(b): amended, on 2 June 2016, by section 188 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 19A(3)(a): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 96(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
19AB Local authorities accounting on payments basis on and after 1 July 2001
[Repealed]Section 19AB: repealed, on 17 July 2013, by section 128 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
19B Particulars to be furnished and prepared where change in accounting basis
(1)
Where the Commissioner directs a change in a registered person’s accounting basis under section 19 or section 19A, the registered person shall furnish to the Commissioner particulars in the prescribed form calculating the tax payable in respect of the change in accounting basis.
(2)
The particulars required to be furnished under subsection (1) shall be furnished to the Commissioner not later than the last day for furnishing a return pursuant to section 16 for the taxable period preceding that in which the direction of the Commissioner takes effect.
(2B)
The particulars required by subsection (1) must be furnished in a return that contains a notice of the assessment that must be made under section 92B of the Tax Administration Act 1994.
(3)
Where the Commissioner directs a change in a registered person’s accounting basis under section 19 or section 19A, the registered person shall—
(a)
where the registered person has been directed to change from an invoice to a payments basis of accounting, or from a payments basis to an invoice basis,—
(i)
prepare a list of creditors of the registered person in relation to that person’s taxable activity, showing the amounts due by that person as at the last day of the taxable period preceding that in which the direction takes effect; and
(ii)
prepare a list of debtors of the registered person in relation to that person’s taxable activity, showing the amounts due to that person as at the last day of the taxable period preceding that in which the direction takes effect:
(b)
where the registered person has been directed to change from an invoice to a hybrid basis of accounting, or from a hybrid basis to an invoice basis, prepare a list of creditors of the registered person in relation to that person’s taxable activity, showing the amounts due by that person as at the last day of the taxable period preceding that in which the direction takes effect:
(c)
where that registered person has been directed to change from a payments basis to a hybrid basis of accounting, or from a hybrid basis to a payments basis, prepare a list of debtors of the registered person in relation to that person’s taxable activity, showing the amounts due to that person as at the last day of the taxable period preceding that in which the direction takes effect.
Section 19B: inserted, on 1 April 1991 (applying to allow changes in a registered person’s accounting basis in respect of taxable periods commencing on and after 1 April 1991), by section 3(1) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 19B(2B): inserted, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 148(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
19C Tax payable, or refund, where change in accounting basis
(1)
Every registered person whose accounting basis is changed pursuant to section 19, 19A, or 87, as applicable, shall, not later than the last day allowed under section 19B(2) for furnishing particulars in respect of the change, pay to the Commissioner the tax payable (if any) as determined pursuant to this section.
(2)
Where a registered person changes from an invoice basis to a payments basis of accounting, the tax payable under subsection (1) shall be an amount determined in accordance with the following formula:
a − b
where—
- a
is an amount equal to the aggregate amount of the input tax deducted pursuant to section 20(3) in relation to the amounts due that are required to be shown in the list of creditors required to be prepared by the registered person under section 19B(3)(a)(i); and
- b
is an amount equal to the aggregate amount of output tax accounted for pursuant to section 20(3) in relation to the amounts due that are required to be shown in the list of debtors required to be prepared by the registered person under section 19B(3)(a)(ii).
(3)
Where a registered person changes from a payments basis to an invoice basis of accounting, the tax payable under subsection (1) shall be an amount determined in accordance with the following formula:
a − b
where—
- a
is an amount equal to the aggregate amount of output tax that would have been accounted for pursuant to section 20(3), in relation to the amounts due that are required to be shown in the list of debtors required to be prepared by the registered person under section 19B(3)(a)(ii), if the person had been accounting for tax payable on an invoice basis; and
- b
is an amount equal to the aggregate amount of the input tax that would have been deducted pursuant to section 20(3), in relation to the amounts due that are required to be shown in the list of creditors required to be prepared by the registered person under section 19B(3)(a)(i), if the registered person had been accounting for tax payable on an invoice basis.
(4)
Where a registered person changes from a hybrid basis to an invoice basis of accounting, the tax payable under subsection (1) shall be an amount determined in accordance with the following formula:
a − b
where—
- a
is zero; and
- b
is an amount equal to the aggregate amount of input tax that would have been deducted pursuant to section 20(3), in relation to the amounts due that are required to be shown in the list of creditors required to be prepared by the registered person under section 19B(3)(b), if the person had been accounting for tax payable on an invoice basis.
(5)
Where a registered person changes from a hybrid basis to a payments basis of accounting, the tax payable under subsection (1) shall be an amount determined in accordance with the following formula:
a − b
where—
- a
is zero; and
- b
is an amount equal to the aggregate amount of output tax accounted for pursuant to section 20(3) in relation to the amounts due that are required to be shown in the list of debtors required to be prepared by the registered person under section 19B(3)(c).
(6)
Where a registered person changes from an invoice basis to a hybrid basis of accounting, the tax payable under subsection (1) shall be an amount determined in accordance with the following formula:
a − b
where—
- a
is an amount equal to the aggregate amount of input tax deducted pursuant to section 20(3) in relation to the amounts due that are required to be shown in the list of creditors required to be prepared by the registered person under section 19B(3)(b); and
- b
is zero.
(7)
Where a registered person changes from a payments basis to a hybrid basis of accounting, the tax payable under subsection (1) shall be an amount determined in accordance with the following formula:
a − b
where—
- a
is an amount equal to the aggregate amount of output tax that would have been accounted for pursuant to section 20(3), in relation to the amounts due that are required to be shown in the list of debtors required to be prepared by the registered person under section 19B(3)(c), if the person had been accounting for tax payable on a hybrid basis; and
- b
is zero.
(8)
Subject to this Act, if, in relation to any particulars required to be furnished by section 19B, the amount determined in accordance with subsection (2) or subsection (3) or subsection (4) or subsection (5) of this section is a negative amount, the amount of that negative amount shall be refunded to the registered person by the Commissioner pursuant to section 46.
(9)
For the purposes of this Act, any previous adjustment made to input tax or output tax, as the case may be, when a registered person changed—
(a)
from an invoice basis to a payments or a hybrid basis, as the case may be; or
(b)
from a payments basis to an invoice or a hybrid basis, as the case may be; or
(c)
from a hybrid basis to an invoice or a payments basis, as the case may be,—
shall be deemed to have been deducted, or accounted for, as the case may be, pursuant to section 20(3).
Section 19C: inserted, on 1 April 1991 (applying to allow changes in a registered person’s accounting basis in respect of taxable periods commencing on and after 1 April 1991), by section 3(1) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 19C(1): amended, on 17 July 2013, by section 129 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 19C(2): substituted, on 13 March 1992, by section 6 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 19C(3): substituted, on 13 March 1992, by section 6 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 19C(4): substituted, on 13 March 1992, by section 6 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 19C(5): substituted, on 13 March 1992, by section 6 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 19C(6): substituted, on 13 March 1992, by section 6 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 19C(7): substituted, on 13 March 1992, by section 6 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
19D Invoice basis for supplies over $225,000
(1)
A registered person who makes a supply of goods and services for a consideration of more than $225,000 must account for tax payable on an invoice basis for that supply.
(2)
Subsection (1) does not apply if the supply of goods and services is a short term agreement for the sale and purchase of property or services, as that term is defined in section YA 1 of the Income Tax Act 2007, except that the reference to “93rd day”
is to be read as “on or before the day that is 1 year”
.
(2B)
Subsection (1) does not apply if the supplier is a non-profit body that determines on the basis of reasonable information that, at the time of supply, the recipient—
(a)
is not a registered person; and
(b)
is either—
(i)
not intending to use the goods and services for the purposes of carrying on a taxable activity; or
(ii)
intending to use the goods and services for the purposes of carrying on a taxable activity but only after the full consideration for the supply is paid to the supplier.
(3)
For the purpose of subsection (1), the Commissioner may treat a registered person as having made a supply of goods and services for a consideration of more than $225,000 if—
(a)
the person has made more than 1 supply and the sum of the consideration for each supply is more than $225,000 irrespective of whether each supply is one to which subsection (2) applies; and
(b)
the Commissioner considers that the person made more than 1 supply to avoid the application of subsection (1).
Section 19D: inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 98(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 19D(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 19D(2): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 19D(2B): inserted, on 21 December 2010, by section 13 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
20 Calculation of tax payable
(1)
In respect of each taxable period every registered person shall calculate the amount of tax payable by that registered person in accordance with the provisions of this section.
(2)
Notwithstanding any other provision in this Act, no deduction of input tax and no deduction calculated under section 25(2)(b) or (5) shall be made in respect of a supply, unless—
(a)
a tax invoice or debit note or credit note, in relation to that supply, has been provided in accordance with sections 24, 24BA, and 25 and is held by the registered person making that deduction at the time that any return in respect of that supply is furnished; or
(b)
a tax invoice is not required to be issued pursuant to section 24(5) or section 24(6), or a debit note or credit note is not required to be issued pursuant to section 25; or
(c)
sufficient records are maintained as required pursuant to section 24(7) where the supply is a supply of secondhand goods to which that section relates; or
(d)
the supply is a supply of services that is treated by section 5B as being made by the recipient and the recipient has accounted for the output tax charged in respect of the supply; or
(e)
the supply is a supply of goods and services that is treated as made under section 60B to a nominated person and that person maintains sufficient records as required by section 24(7B):
provided that where a tax invoice or debit note or credit note in relation to that supply has been provided in accordance with this Act, the Commissioner may determine that no deduction for input tax in relation to that supply shall be made unless that tax invoice or debit note or credit note is retained in accordance with the provisions of section 75.
(3)
Subject to this section, in calculating the amount of tax payable in respect of each taxable period, there shall be deducted from the amount of output tax of a registered person attributable to the taxable period—
(a)
in the case of a registered person who is required to account for tax payable on an invoice basis pursuant to section 19, the amount of the following:
(i)
input tax in relation to the supply of goods and services (not being a supply of secondhand goods to which section 3A(1)(c) of the input tax definition applies), made to that registered person during that taxable period:
(ia)
input tax in relation to the supply of secondhand goods to which section 3A(1)(c) of the input tax definition applies, to the extent that a payment in respect of that supply has been made during that taxable period:
(ii)
input tax invoiced or paid, whichever is the earlier, pursuant to section 12 during that taxable period:
(iii)
any amount calculated in accordance with any one of sections 25(2)(b), 25(5), 25AA(2)(b) or 25AA(3)(b); and
(b)
in the case of a registered person who is required to account for tax payable on a payments basis or a hybrid basis pursuant to section 19, the amount of the following:
(i)
input tax in relation to the supply of goods and services made to that registered person, being a supply of goods and services which is deemed to take place pursuant to section 9(1) or section 9(3)(a) or section 9(3)(aa) or section 9(6), to the extent that a payment in respect of that supply has been made during the taxable period:
(ii)
input tax paid pursuant to section 12 during that taxable period:
(iii)
input tax in relation to the supply of goods and services made during that taxable period to that registered person, not being a supply of goods and services to which subparagraph (i) applies:
(iv)
any amount calculated in accordance with any one of sections 25(2)(b), 25(5), 25AA(2)(b) or 25AA(3)(b), to the extent that a payment has been made in respect of that amount; and
(c)
[Repealed](d)
an amount equal to the tax fraction of any payment made during the taxable period by that registered person to another person pursuant to any contract of insurance:
provided that this paragraph—
(i)
shall only apply where the supply of that contract of insurance is a taxable supply, or where the supply of that contract of insurance would have been a taxable supply if the time of performance of that supply had been on or after 1 October 1986:
(ii)
shall not apply where that payment is in respect of the supply of goods and services to the registered person or the importation of any goods by that registered person; and
(iii)
shall not apply where the supply of that contract of insurance is a supply charged with tax at the rate of 0% pursuant to section 11, 11A or 11B and that other person is, at the time that that payment is made, not a registered person and a non-resident:
(iv)
shall not apply where that payment results from a supply of goods and services to that other person where those goods are situated outside New Zealand or those services are physically performed outside New Zealand at the time of that supply:
(iva)
does not apply if the payment is made to a person who, on the date the payment is made, is not a registered person and is a non-resident:
(v)
does not apply where that payment is made in respect of any entitlement for any loss of earnings (being earnings within the meaning of the Accident Compensation Act 1982 or the Accident Rehabilitation and Compensation Insurance Act 1992 or the Accident Insurance Act 1998 or the Accident Compensation Act 2001):
(vi)
does not apply to the supply of a contract of insurance when the supplier is not required to account for output tax on the supply:
(vii)
does not apply to the supply of a contract of insurance that is zero-rated under section 11A(1)(x); and
(da)
[Repealed](db)
an amount equal to the tax fraction of the payment of a recovered amount to which section 5(13B) applies; and
(dc)
an amount of output tax charged on a supply of remote services to the extent that the supplier has, in relation to the supply, incurred liability for, returned, and paid a consumption tax in another country or territory, when the remote services are—
(i)
physically performed in New Zealand; and
(ii)
supplied to a non-resident person in New Zealand who is not a registered person; and
(e)
any amount calculated under sections 21D(1) and (3)(a), 21F, and 21FB(2); and
(ea)
[Repealed](f)
any amount of input tax in relation to any supply in respect of which paragraph (a) of, or the proviso to, subsection (2) has operated to deny a deduction of input tax, and that registered person has obtained, during the taxable period, a tax invoice in relation to that supply; and
(g)
any amount calculated in accordance with section 20A in relation to any goods and services so supplied during that taxable period; and
(h)
any amount calculated in accordance with section 20C in relation to supplies of financial services in respect of that taxable period; and
(hb)
an amount calculated in accordance with section 20G in relation to the supply of an asset during the taxable period; and
(hc)
an amount calculated in accordance with section 21HC in relation to a supply acquired in the taxable period by a unit title body corporate of which the registered person is a member; and
(hd)
the amount given by section 20H in relation to the supply during the taxable period of certain financial services:
(i)
any amount calculated in accordance with section 26; and
provided that a registered person who is entitled to deduct an amount from the output tax attributable to a taxable period may deduct that amount from the output tax attributable to a later taxable period if the amount has not previously been deducted from the output tax of the registered person and—
(a)
the later tax period begins on or before the date that is the second anniversary of the earlier of the following:
(i)
the date on which the registered person makes the payment for the taxable supply to which the deduction relates:
(ii)
the date on which a tax invoice is issued for the taxable supply to which the deduction relates:
(b)
the failure of the registered person to make the deduction in the earlier taxable period arises from—
(i)
an inability of the registered person to obtain a tax invoice:
(ii)
a dispute over the proper amount of the payment for the taxable supply to which the deduction relates:
(iii)
a mistaken understanding on the part of the registered person that the supply to which the deduction relates was not a taxable supply:
(iv)
a clear mistake or simple oversight of the registered person.
(3A)
For the purpose of subsection (3), output tax does not include the tax on the taxable value of a fringe benefit provided or granted to another person under the FBT rules of the Income Tax Act 1994.
(3AB)
[Repealed](3B)
[Repealed](3C)
For the purposes of subsection (3), and if subsections (3D) or (3L) do not apply,—
(a)
input tax as defined in section 3A(1)(a) or (c) may be deducted to the extent to which the goods or services are used for, or are available for use in, making taxable supplies:
(b)
input tax as defined in section 3A(1)(b) may be deducted to the extent to which the goods are used for, or are available for use in, making taxable supplies other than—
(i)
the delivery of the goods to a person in New Zealand:
(ii)
arranging or making easier the delivery of the goods to a person in New Zealand.
(3D)
A registered person who makes both taxable and exempt supplies is not required to apportion input tax for an adjustment period between such supplies if the registered person has reasonable grounds to believe that the total value of exempt supplies will not exceed the lesser of—
(a)
$90,000:
(b)
5% of the total consideration for all their taxable and exempt supplies for the adjustment period.
(3E)
A registered person who principally makes supplies of financial services may choose to use a fair and reasonable method of apportionment, as agreed with the Commissioner, in relation to the supply for an apportionment on acquisition. For this purpose,—
(a)
the method must have regard to the tenor of subsections (3C), (3D), and (3G) to (3M):
(b)
the person may include a group of companies.
(3EB)
A registered person may choose to use, for apportioning input tax in relation to a supply of goods and services made to the registered person, a fair and reasonable method of apportionment that—
(a)
has regard to the tenor of subsections (3C), (3D), and (3G) to (3M); and
(b)
is agreed with the Commissioner by—
(i)
the registered person, if the registered person reasonably expects to make supplies of goods or services with a value of more than $24,000,000 in a 12-month period that includes the month in which the registered person proposes the agreement:
(ii)
an industry association, if the method is intended by the Commissioner and the industry association to be available to a person such as the registered person.
(3F)
The method used to calculate the amount that may be deducted on acquisition is set out in subsections (3C) to (3EB), and (3G) to (3M). The rules for calculating adjustments are set out in sections 21 to 21H.
(3G)
In determining the extent to which goods or services are used for making taxable supplies, a person must estimate at the time of acquisition how they intend to use the goods or services, choosing a determination method that provides a fair and reasonable result. The determination is expressed as a percentage of the total use.
(3H)
The extent to which a deduction for input tax is allowed is calculated using the formula—
full input tax deduction × percentage intended use.
(3I)
In the formula in subsection (3H),—
(a)
full input tax deduction is the total amount of input tax on the supply:
(b)
percentage intended use has the meaning set out in section 21G(1)(b).
(3J)
For a supply to which section 11(1)(mb) applies, the recipient must,—
(a)
on acquisition,—
(i)
identify the nominal amount of tax (the nominal GST component) that would be chargeable on the value of the supply, as if the value were equal to the consideration charged for the supply, at the rate set out in section 8(1); and
(ii)
determine the extent to which they intend to use the goods or services as described in subsection (3G); and
(iii)
treat as output tax, for attribution to a taxable period under section 20(4), an amount that is the same proportion of the nominal GST component as the proportion of the use of the goods and services that is non-taxable use; and
(b)
for later adjustment periods, make adjustments under the apportionment rules set out in sections 20G and 21 to 21H in relation to the taxable supply referred to in paragraph (a).
(3JB)
For a supply to which section 20G applies, the recipient must,—
(a)
on acquisition,—
(i)
identify the nominal amount of tax that would be chargeable on the value of the supply, as if the value were equal to the consideration charged for the supply, at the rate set out in section 8(1):
(ii)
determine the extent to which they intend to use the goods, as described in subsection (3G); and
(iii)
account for input tax for the amount calculated under subsections (3G) and (3H); and
(b)
make adjustments under section 20G(4) and (5) in relation to the taxable supply referred to in paragraph (a).
(3JC)
For a supply of remote services to which section 11A(1)(j) or (x) applies, if the recipient of the supply—
(a)
estimates at the time of acquisition that the percentage intended use of the services is less than 95%, then the recipient must, on acquisition—
(i)
identify the nominal amount of tax (the nominal GST component) that would be chargeable on the value of the supply, as if the value were equal to the consideration charged for the supply, at the rate set out in section 8(1); and
(ii)
based on the percentage intended use of the services, account for output tax under subsection (4) for the proportion of the nominal GST component for any non-taxable use of the services:
(b)
determines at the end of an adjustment period that the percentage actual use of the services is less than 95%, then the recipient must, at the end of the adjustment period—
(i)
identify the nominal GST component that would have been chargeable on the value of the supply, as if the value were equal to the consideration charged for the supply, at the rate set out in section 8(1); and
(ii)
based on their percentage actual use of the services, account for output tax under subsection (4) for the proportion of the nominal GST component for any non-taxable use of the services:
(c)
is required to account for output tax under paragraph (a) or (b), then the recipient must, for later adjustment periods, make adjustments under the apportionment rules set out in sections 20G and 21 to 21H in relation to the taxable supply referred to in paragraph (a) or (b).
(3K)
For the purposes of subsections (3), (3C), and (3J), and the definitions of percentage actual use and percentage intended use in section 21G(1), to the extent to which a non-profit body that is resident in New Zealand uses goods or services other than for making exempt supplies, the goods or services are treated as being used for making taxable supplies.
(3L)
For the purposes of subsection (3), for a non-resident person who is registered under section 54B, input tax may be deducted only to the extent to which the goods or services are used for, or are available for use in, making taxable supplies, treating all the supplies made by the person as if they were made and received in New Zealand.
(3LB)
Subsection (3LC) applies for the purposes of subsection (3) and despite subsection (3L), when a non-resident person who is registered under section 54B has paid tax under section 12(1) in relation to the importation of goods. However, subsection (3LC) does not apply if the non-resident person—
(a)
is the person in New Zealand who receives the goods; and
(b)
is not delivering the goods to another person in New Zealand.
(3LC)
The recipient of the goods in New Zealand is treated as having paid the tax required to be paid under section 12(1), and the non-resident person is treated as not having paid the tax.
(3M)
Despite subsection (3L), a non-resident person who is registered under section 54B and who principally makes supplies of financial services may, for the purposes of calculating the amount of input tax, choose to use a fair and reasonable method of apportionment agreed with the Commissioner, as set out in subsection (3E).
(4)
For the purpose of subsection (3), output tax in relation to a supply made by a registered person must be attributed to a taxable period—
(a)
in the case of a registered person who is required to account for tax payable on an invoice or a hybrid basis under section 19, if the supply is made or is deemed to be made during the taxable period; or
(b)
in the case of a registered person who is required to account for tax payable on a payments basis under section 19—
(i)
to the extent that payment for the supply has been received during the taxable period, if the supply is a supply of goods and services which is deemed to take place under any one of sections 9(1), 9(3)(a), 9(3)(aa), 9(6), 9(8), 25(2)(a), 25(4) and is not treated by section 8(4B) as being made in New Zealand; or
(ib)
to the extent that payment for the supply has been made during the taxable period, if the supply is a supply of services that is treated as being made in New Zealand by section 8(4B) together with any one of sections 9(1), 9(3)(a), 9(3)(aa), 9(6), 9(8), 25AA(2)(a) or 25AA(3)(a); or
(ii)
if the supply of goods and services is made during the taxable period by the registered person and neither of subparagraphs (i) and (ib) applies; or
(c)
in the case of a registered person who is required to account for tax payable under section 21D(1) and (3)(b) or 21FB(4), for the relevant adjustment period.
(4B)
A person who is treated under section 5(23) as a supplier of goods under section 11(1)(mb) is denied a deduction under subsection (3) in relation to the supply. However, this subsection does not apply to a person required to account for tax under section 5(23) who is either a registered person or later becomes a registered person and uses the relevant goods for making taxable supplies.
(4C)
For a supply of remote services to which section 8(3)(c) applies, a recipient of the supply is denied a deduction of input tax in relation to the supply unless the recipient has obtained a tax invoice under section 24(5B).
(4D)
Subsection (4C) does not apply to a supply of remote services that is treated by section 5B as being made by the recipient and the recipient has accounted for the output tax charged on the supply.
(5)
If, in relation to any taxable period and any registered person, the total amount that may be deducted under subsection (3) exceeds the aggregate amount of the output tax of that registered person attributable to that taxable period, the amount of the excess shall, subject to this Act, be refunded to that registered person by the Commissioner pursuant to section 46.
Section 20(2): amended, on 25 November 2003, by section 154(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(2)(a): amended, on 19 December 2007, by section 276 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 20(2)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 17(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(2)(b): amended (with effect on 3 December 1985), on 8 August 1986, by section 17(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(2)(c): added (with effect on 3 December 1985), on 8 August 1986, by section 17(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(2)(c): amended, on 1 January 2005, by section 154(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(2)(d): added, on 1 January 2005, by section 154(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(2)(d): amended, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(2)(e): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3)(a): amended, on 25 November 2003, by section 154(3)(a) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(a)(i): amended, on 25 November 2003, by section 154(3)(b) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(a)(i): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 99(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3)(a)(i): amended, on 22 March 1989 (applying to supplies made on or after 22 March 1989), by section 6(1) of the Goods and Services Tax Amendment Act 1989 (1989 No 8).
Section 20(3)(a)(ia): inserted, on 22 March 1989 (applying to supplies made on or after 22 March 1989), by section 6(2) of the Goods and Services Tax Amendment Act 1989 (1989 No 8).
Section 20(3)(a)(ia): amended, on 25 November 2003, by section 154(3)(c) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(a)(ia): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 99(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3)(a)(ii): amended, on 25 November 2003, by section 154(3)(d) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(a)(ii): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 20(3)(a)(ii): amended (with effect on 3 December 1985), on 8 August 1986, by section 17(4)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(a)(ii): amended (with effect on 3 December 1985), on 8 August 1986, by section 17(4)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(a)(iii): substituted, on 25 November 2003, by section 154(3)(e) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(b): amended, on 25 November 2003, by section 154(4)(a) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(b): amended, on 1 April 1991, by section 4(1) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 20(3)(b)(i): amended, on 25 November 2003, by section 154(4)(b) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(b)(i): amended (with effect on 3 December 1985), on 8 August 1986, by section 17(6) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(b)(ii): amended, on 25 November 2003, by section 154(4)(c) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(b)(ii): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 20(3)(b)(iii): amended, on 25 November 2003, by section 154(4)(d) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(b)(iii): amended (with effect on 3 December 1985), on 8 August 1986, by section 17(7) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(b)(iv): substituted, on 25 November 2003, by section 154(4)(e) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(c): repealed (with effect on 3 December 1985), on 8 August 1986, by section 17(9)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(d): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 99(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3)(d) proviso subparagraph (i): amended (with effect on 3 December 1985), on 8 August 1986, by section 17(9)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(d) proviso subparagraph (iii): added (with effect on 3 December 1985), on 8 August 1986, by section 17(10) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(d) proviso subparagraph (iii): amended, on 25 November 2003, by section 154(5) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(d) proviso subparagraph (iii): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 99(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3)(d) proviso subparagraph (iv): added (with effect on 3 December 1985), on 8 August 1986, by section 17(10) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 20(3)(d) proviso subparagraph (iva): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 99(5) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3)(d) proviso subparagraph (iva): amended, on 25 November 2003, by section 154(5) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(d) proviso subparagraph (v): substituted, on 19 December 1998, by section 416(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 20(3)(d) proviso subparagraph (v): amended (with effect on 1 January 2005), on 2 November 2012, by section 214(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 20(3)(d) proviso subparagraph (v): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 20(3)(d) proviso subparagraph (v): amended, on 1 April 2002, by section 338 of the Accident Compensation Act 2001 (2001 No 49).
Section 20(3)(d) proviso subparagraph (vi): inserted (with effect on 1 January 2005), on 2 November 2012, by section 214(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 20(3)(d) proviso subparagraph (vi): amended, on 1 October 2016, by section 60(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 20(3)(d) proviso subparagraph (vii): inserted, on 1 October 2016, by section 60(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 20(3)(da): repealed, on 1 August 1990, by section 8(1) of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
Section 20(3)(db): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 99(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3)(dc): inserted, on 1 October 2016, by section 60(3) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 20(3)(e): substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3)(e): amended, on 30 March 2017, by section 356(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3)(ea): repealed, on 10 October 2000 (applying on 10 October 2000), by section 99(7) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3)(g): added, on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 11(2) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 20(3)(g): amended, on 25 November 2003, by section 154(6) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(h): added, on 25 November 2003, by section 154(6) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3)(hb): inserted (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 130(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 20(3)(hc): inserted (with effect on 1 October 2011), on 24 February 2016, by section 276 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 20(3)(hd): inserted, on 1 April 2017, by section 356(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3)(i): added, on 25 November 2003, by section 154(6) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(3) proviso: substituted, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 149(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 20(3) second proviso: repealed (with effect on 1 April 1988), on 24 March 1988 (applying to supplies made on or after 1 April 1988), by section 10(2) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 20(3) third proviso: repealed (with effect on 1 April 1988), on 24 March 1988 (applying to supplies made on or after 1 April 1988), by section 10(2) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 20(3A): substituted, on 27 March 2001, by section 64(1) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 20(3AB): repealed, on 10 October 2000 (applying on 10 October 2000), by section 99(7) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3B): repealed, on 10 October 2000 (applying on 10 October 2000), by section 99(7) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(3C): replaced (with effect on 1 April 2011), on 2 November 2012, by section 214(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 20(3C): amended, on 1 April 2014, by section 130(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 20(3D): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3D): amended, on 30 March 2017, by section 356(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3E): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3E)(a): amended, on 30 March 2017, by section 356(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3EB): inserted, on 30 March 2017, by section 356(5) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3F): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3F): amended, on 30 March 2017, by section 356(6) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3G): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3H): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3I): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3J): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3J)(a)(iii): replaced, on 30 March 2017, by section 356(7) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3J)(b): amended (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 130(3) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 20(3JB): inserted (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 130(4) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 20(3JC): inserted, on 1 October 2016, by section 60(4) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 20(3K): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(3) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(3K): amended, on 30 March 2017, by section 356(8) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(3K): amended (with effect on 1 April 2011 and applying to supplies made on or after 1 April 2011), on 30 June 2014, by section 190(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 20(3K): amended, on 1 April 2014, by section 130(5) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 20(3L): inserted, on 1 April 2014, by section 130(6) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 20(3LB): inserted (with effect on 1 April 2014), on 30 June 2014, by section 190(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 20(3LC): inserted (with effect on 1 April 2014), on 30 June 2014, by section 190(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 20(3M): inserted, on 1 April 2014, by section 130(6) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 20(4): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 99(8) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 20(4)(b)(i): amended, on 25 November 2003, by section 154(7)(a) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(4)(b)(ib): inserted, on 25 November 2003, by section 154(7)(a) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(4)(b)(ii): substituted, on 25 November 2003, by section 154(7)(b) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20(4)(b)(ii): amended, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(4) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(4)(c): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(4) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(4)(c): amended, on 30 March 2017, by section 356(9) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 20(4B): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 14(5) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 20(4B): amended (with effect on 1 April 2011 and applying to supplies made on or after 1 April 2011), on 30 June 2014, by section 190(3) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 20(4C): inserted, on 1 October 2016, by section 60(5) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 20(4D): inserted, on 1 October 2016, by section 60(5) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 20(5): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 99(9) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
20A Goods and services tax incurred relating to determination of liability to tax
(1)
For the purposes of this section,—
goods and services tax payable—
(a)
means an amount of goods and services tax calculated in accordance with sections 19 to 20; and
(b)
includes—
(i)
any amount referred to in section 17(2) or section 51B; and
(ii)
any amount refundable by the Commissioner pursuant to section 19C or section 20
taxable income, tax year and taxpayer have the same meanings as in section YA 1 of the Income Tax Act 2007.
(2)
Subject to this section, any goods and services acquired by the registered person in connection with—
(a)
the calculation of the taxable income of the registered person for any tax year:
(b)
the calculation or determination of the goods and services tax payable by the registered person for any taxable period:
(c)
the preparation, institution, or presentation of an objection or challenge to or an appeal against or in consequence of any determination or assessment made, in respect of the registered person, by the Commissioner under the provisions of the Tax Administration Act 1994 or this Act:
(d)
any contribution by the registered person towards the expenditure incurred by any other taxpayer or registered person, as the case may be, where—
(i)
if the expenditure were incurred by the first-mentioned registered person, it would be an allowable deduction in calculating the taxable income of that person or allowable in the calculation or determination of any goods and services tax payable by that person; and
(ii)
the first-mentioned registered person has objected to, or challenged or appealed against, an assessment or determination made in relation to the matter by the Commissioner under the provisions of the Income Tax Act 1976 or the Tax Administration Act 1994 or this Act,—
shall be deemed to be goods and services acquired by the registered person for making taxable supplies; and the Commissioner shall allow that person to make a deduction under section 20(3) of the tax charged thereon.
(3)
This section shall not apply in relation to any goods and services acquired by the registered person in connection with—
(a)
any matter or assessment arising from a return (being a return of income furnished under the provisions of the Income Tax Act 1976 or the Tax Administration Act 1994 or a return furnished under the provisions of this Act) that, in the opinion of the Commissioner, was fraudulent or wilfully misleading:
(b)
any offence under any of the Inland Revenue Acts:
(c)
any assessment of penal tax under the Income Tax Act 1976 or the Tax Administration Act 1994 or this Act (not being an assessment which is subsequently cancelled):
(ca)
any assessment of a shortfall penalty under the Tax Administration Act 1994 (not being an assessment which is subsequently cancelled):
(d)
any objection or challenge or appeal which, in the opinion of the Commissioner, is of an inconsequential or frivolous nature.
(4)
Any amount received by the registered person at any time, whether by way of reimbursement, award of the court, recovery, or otherwise howsoever in respect of goods and services deemed under this section to be acquired by the registered person for the principal purpose of making taxable supplies, shall be deemed to be supplied by that registered person in the course of a taxable activity in the taxable period in which it is received.
Section 20A: inserted, on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 11(1) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 20A(1) assessable income, income year, and taxpayer: repealed, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(1) goods and services tax payable paragraph (a): amended, on 1 April 1991, by section 5(1)(a) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 20A(1) goods and services tax payable paragraph (b): amended, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 150(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 20A(1) goods and services tax payable paragraph (b)(ii): amended, on 1 April 1991, by section 5(1)(b) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 20A(1) taxable income, income year and taxpayer: inserted, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(1) taxable income, tax year and taxpayer: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 20A(1) taxable income, tax year and taxpayer: amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 20A(2): amended (with effect on 1 April 2011), on 2 November 2012, by section 215 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 20A(2)(a): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 20A(2)(a): amended, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(2)(c): amended, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 3(1)(a) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 20A(2)(c): amended, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(2)(d)(i): substituted, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(2)(d)(ii): amended, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 3(1)(b) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 20A(2)(d)(ii): amended, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(3)(a): amended, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(3)(c): amended, on 26 July 1996 (applying to the 1997–98 and subsequent income years), by section 484 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
Section 20A(3)(ca): inserted, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 3(2) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 20A(3)(d): amended, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 3(3) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
20B Allocation of taxable supplies following investigation by Commissioner
(1)
For the purposes of this section—
discrepancy means any understatement or overstatement of the taxable supplies made or received by a registered person calculated or otherwise ascertained in respect of any specified period
specified period means any period, being a period that extends over more than a single taxable period, to which a discrepancy relates
tax discrepancy, in relation to a discrepancy, means an amount equal to the tax fraction (being the tax fraction applicable to the taxable period, or any part of a taxable period, in relation to which the discrepancy has been deemed to have occurred) of the amount of the taxable supplies made or received by a registered person that have been understated or overstated.
(2)
For the purposes of this Act, in any case where, upon investigation by the Commissioner of the liability of a registered person for tax, the Commissioner has calculated or otherwise ascertained a discrepancy in relation to any specified period then,—
(a)
subject to paragraphs (b) and (c), the amount of the discrepancy shall be deemed to be taxable supplies made or received (as the case may be) by the registered person at a uniform daily rate throughout that specified period, and those taxable supplies shall be deemed to have been so made or received by the registered person in the taxable periods, or parts thereof, included in the specified period:
(b)
subject to paragraph (c), where the Commissioner is satisfied that the registered person did not carry on the taxable activity for any part of any specified period, the amount of the discrepancy shall be deemed to be taxable supplies made or received (as the case may be) by the registered person at a uniform daily rate throughout the part of the specified period in which the taxable activity was carried on, and those taxable supplies shall be deemed to be so made or received by the registered person in the taxable periods, or parts thereof, in which the taxable activity was carried on during the specified period:
(c)
where the registered person satisfies the Commissioner that it would be appropriate for the amount of the discrepancy to be allocated on a basis otherwise than in accordance with paragraph (a) or paragraph (b), the amount of the discrepancy shall be allocated on that basis, and the amount so allocated shall be deemed to be taxable supplies made or received (as the case may be) by the registered person in the taxable periods, or parts thereof, to which the discrepancy has been so allocated.
(3)
For the purposes of section 20, where a discrepancy has been deemed pursuant to this section to be taxable supplies made or received by a registered person in respect of any taxable period or any part of a taxable period, the tax discrepancy calculated in respect of the discrepancy shall be deemed to be output tax or, as the case may be, input tax in respect of that taxable period or part of a taxable period.
Section 20B: inserted, on 22 March 1989 (applying to any assessment issued on or after 22 March 1989), by section 7(1) of the Goods and Services Tax Amendment Act 1989 (1989 No 8).
20C Goods and services tax incurred in making certain supplies of financial services
Subject to this section, a registered person who has made an election under section 20F and who in respect of a taxable period supplies financial services to another supplier of financial services (called in this section a direct supplier) may make for each direct supplier a deduction under section 20(3)(h) of an amount given by the following formula:
a × (b ÷ c) × (d ÷ e)
where—
- a
is the total amount in respect of the taxable period that the registered person—
(a)
would not be able to deduct under section 20(3) in the absence of this section; and
(b)
would be able to deduct under section 20(3), other than under section 20(3)(h), if all supplies of financial services by the registered person were taxable supplies
- b
is the total value of exempt supplies of financial services by the registered person to the direct supplier in respect of the taxable period
- c
is the total value of exempt supplies of financial services by the registered person in respect of the taxable period
- d
is the total value of taxable supplies by the direct supplier in respect of the taxable period, determined under section 20D
- e
is the total value of supplies by the direct supplier in respect of the taxable period, determined under section 20D.
Section 20C: inserted, on 1 January 2005, by section 155 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20C formula item a: substituted, on 1 January 2005, by section 151 of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 20C formula item c: substituted (with effect on 1 January 2005), on 7 September 2010 (applying for taxable periods beginning on or after 1 January 2005), by section 192(1) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
20D Determining availability of deduction under section 20C from supplies by another person
If a person makes a return that includes a figure for a deduction under section 20C based on the value of supplies made by the person to other persons, the availability of the deduction under section 20C for supplies made by the person to each other person must be determined on the basis of the statistics of the supplies made by the other person.
Section 20D: inserted, on 1 January 2005, by section 155 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
20E Determining supplies charged at 0% under section 11A(1)(q) and (r) from supplies by another person
If a person makes a return that includes a figure for the value of supplies charged with tax at a rate of 0% under section 11A(1)(q) and (r), that are made by the person to other persons, the effect of section 11A(1)(q) and (r) for supplies made by the person to each other person must be determined—
(a)
on the basis of the statistics of the supplies made by the other person; or
(b)
using a method that is approved by the Commissioner.
Section 20E: inserted, on 1 January 2005, by section 155 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
20F Election that sections 11A(1)(q) and (r) and 20C apply
(1)
A person may give notice to the Commissioner of an election that the person be subject to sections 11A(1)(q) and (r) and 20C.
(2)
An election under subsection (1)—
(a)
applies for the taxable period in which the Commissioner receives the notice and for subsequent taxable periods until the election is cancelled:
(b)
is cancelled from the end of the taxable period—
(i)
in which the registered person ceases to have a taxable activity, if subparagraphs (ii) and (iii) do not require an earlier cancellation; or
(ii)
that is nominated in a notice of cancellation that the Commissioner receives from the registered person, if the notice of cancellation nominates a taxable period after which the cancellation is to be effective; or
(iii)
in which the Commissioner receives from the registered person a notice of cancellation, if the notice of cancellation does not nominate a taxable period after which the cancellation is to be effective.
Section 20F: inserted, on 1 January 2005, by section 155 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 20F(1): amended, on 18 December 2006, by section 217 of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 20F(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 20F(2)(b)(ii): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 20F(2)(b)(iii): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
20G Treatment of supplies of certain assets
(1)
A registered person who uses an asset described in section DG 3 of the Income Tax Act 2007 for making taxable supplies has a deduction under section 20(3)(hb) of an amount calculated using the formula—
input tax for asset × total income-earning days ÷ (total income-earning days + total private days).
(2)
In the formula,—
(a)
input tax for asset is the input tax on expenditure that the person incurs in relation to the use of the asset, other than expenditure that is—
(i)
related solely to the income-earning use of the asset as described in section DG 7 of that Act; or
(ii)
related solely to the private use of the asset, as that term is defined in section DG 4 of that Act:
(b)
total income-earning days is the total number of days in the period on which the person supplies the asset for use and derives consideration for the supply, whether at, above, or below market value as that term is defined in section DG 3(5) of that Act, including any days on which—
(i)
the use made of the asset is described in section DG 4(3) to (5) of that Act:
(ii)
the asset has become unavailable for use because another person who had earlier reserved the asset for their own use, subsequently did not take advantage of that reservation:
(iii)
a fringe benefit tax liability arises:
(c)
total private days is the total number of days in the period on which the asset is in active use as described in section DG 3(7) of that Act and the day is not an income-earning day as described in paragraph (b).
(3)
A unit of measurement of time other than days, whether relating to hours, or nights, or anything else is to be used in the formula and in subsection (2)(b) and (c), if the use of the unit provides a fair and reasonable result. For this purpose, the same unit must be used in relation to both total income-earning days and total private days.
(4)
The person must ascertain at the end of an adjustment period whether an adjustment is required to be made for any percentage difference in a supply of the asset for the period in relation to the actual use of the asset for making taxable supplies.
(5)
If an adjustment is required, the person must, at the end of the adjustment period,—
(a)
identify the percentage actual use of the asset in accordance with the formula in subsection (1) for making taxable supplies; and
(b)
compare the percentage actual use with percentage intended use as described in section 20(3JB) or previous actual use, as applicable; and
(c)
if a percentage difference arises, make an adjustment for any percentage difference for the adjustment period, applying section 21D(3) to the resulting amount.
(6)
For the purposes of subsection (5), all expenditure incurred in relation to the use of the asset is aggregated and included in the relevant adjustment unless section 21(2)(c) or (d) applies to the aggregated amount.
(7)
Sections 8 and 21F apply to the disposal of the asset, treating the disposal as in the course or furtherance of a taxable activity.
(8)
For the purposes of this section, a registered person does not include a widely-held company, as that term is defined in section YA 1 of the Income Tax Act 2007.
Section 20G: inserted (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 131 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
20H Goods and services tax incurred in making financial services for raising funds
(1)
A registered person who principally makes taxable supplies and who makes supplies of financial services in the course of an activity of raising funds that are intended for use by the registered person for expenditure in a taxable activity has a deduction under section 20(3)(hc) of input tax for the supplies of financial services, if the financial services—
(a)
are not referred to in section 11A(1)(q) and (r); and
(b)
do not give rise to a deduction under section 20(3) for the registered person in the absence of this section; and
(c)
are the issue or allotment of a debt security or equity security, the renewal of a debt security or equity security, the payment of an amount of interest, principal, or dividend for a debt security or equity security, or the provision or variation of a guarantee of the performance of obligations in the issue, allotment, or renewal, of a debt security or equity security; and
(d)
fail to raise the funds or do raise funds that are used by the registered person for expenditure in the taxable activity.
(2)
A non-resident person who is registered under section 54B does not have a deduction of input tax under subsection (1).
Section 20G: inserted, on 1 April 2017, by section 357 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
21 Adjustments for apportioned supplies
(1)
A registered person must ascertain at the end of an adjustment period whether an adjustment is required to be made for any percentage difference in a supply of goods or services for the period in relation to the actual use of those goods or services for making taxable supplies.
(2)
Despite subsection (1), the person is not required to make an adjustment if—
(a)
section 20(3D) applies to them:
(ab)
the person is a non-resident who has incurred input tax as defined in section 3A(1)(b) for goods and who—
(i)
exports the goods in or before the adjustment period; and
(ii)
disposes of the goods overseas in the adjustment period or holds the goods overseas at the end of the adjustment period:
(b)
the value of the goods or services, excluding GST, is $5,000 or less:
(c)
the difference between the percentage intended use on acquisition and the percentage actual use for the relevant adjustment period is less than 10 percentage points, but this paragraph does not apply if the adjustment amounts to more than $1,000:
(d)
the difference between the previous actual use calculated for the most recent adjustment period in which an adjustment was made and the percentage actual use for the relevant adjustment period is less than 10 percentage points, but this paragraph does not apply if the adjustment amounts to more than $1,000.
(3)
An adjustment arises on the last day of the relevant adjustment period.
(4)
For an adjustment to which sections 21A to 21H apply, a registered person who principally makes supplies of financial services may choose to use a fair and reasonable method, as agreed with the Commissioner, for making adjustments in subsequent adjustment periods. For this purpose,—
(a)
the method must have regard to the tenor of sections 21A to 21H:
(b)
the person may include a group of companies.
(4B)
A registered person may choose to use, for making adjustments to which sections 21A to 21H apply, a fair and reasonable method of calculating adjustments that—
(a)
has regard to the tenor of sections 21A to 21H; and
(b)
is agreed with the Commissioner by—
(i)
the registered person, if the registered person reasonably expects to make supplies of goods or services with a value of more than $24,000,000 in a 12-month period that includes the month in which the registered person proposes the agreement:
(ii)
an industry association, if the method is intended by the Commissioner and the industry association to be available to a person such as the registered person.
(5)
In determining the extent of percentage actual use and percentage intended use of a motor vehicle, a registered person may refer to a logbook as provided for in sections DE 6 to DE 11 of the Income Tax Act 2007.
Section 21: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21(2)(ab): inserted, on 30 March 2017, by section 358(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 21(4B): inserted, on 30 March 2017, by section 358(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 21(5): inserted (with effect on 1 April 2011), on 2 November 2012, by section 216 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
21A When adjustments required
A registered person must, at the end of an adjustment period,—
(a)
identify the percentage actual use of the goods or services in making taxable supplies in the period; and
(b)
compare the percentage actual use with percentage intended use or previous actual use, as applicable; and
(c)
if a percentage difference arises and section 21(2)(c) or (d) does not apply, make an adjustment for any percentage difference for the adjustment period.
Section 21A: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21A(c): amended (with effect on 1 April 2011), on 2 November 2012, by section 217 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
21B Adjustments when person or partnership becomes registered after acquiring goods and services
(1)
This section applies when—
(a)
before becoming a registered person, a person that is not a unit title body corporate acquires—
(i)
goods or services on which tax has been charged under section 8(1):
(ii)
goods entered by them for home consumption under the Customs and Excise Act 1996 on which tax has been levied under section 12(1):
(iii)
secondhand goods—
(A)
that are supplied to the person by way of sale; and
(B)
that have always been situated in New Zealand or have had tax levied on them as described in subparagraph (ii); and
(C)
the supply of which is not a taxable supply; and
(b)
at the time of registration or at a later time, the person or, if the person is a member of a partnership, the partnership uses the goods or services for making taxable supplies.
(2)
The person or partnership, as applicable, may make an adjustment under sections 20G, 21, and 21A, as applicable, treating as the first adjustment period, the period that—
(a)
starts on the date of the acquisition of the goods or services; and
(b)
ends on the first balance date that falls after the events referred to in subsection (1)(b).
(3)
For the purposes of this section,—
(a)
the person or partnership, as applicable, must either—
(i)
provide a tax invoice in relation to the supply, as required by section 20(2); or
(ii)
have adequate records that enable the identification of the particulars of an invoice as required by section 24(3) or (7), as applicable:
(b)
in identifying the percentage actual use of the goods or services in the first adjustment period referred to in subsection (2), the person or partnership, as applicable, may use a method that provides a fair and reasonable result.
(4)
[Repealed](5)
In relation to a supply of secondhand goods, the tax fraction applying to the supply is the tax fraction that applied at the time the goods were purchased by the person.
Section 21B: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21B heading: amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 239(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21B(1)(a): replaced (with effect on 1 April 2011), on 2 November 2012, by section 218(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 21B(1)(a): amended (with effect on 26 February 2015), on 24 February 2016, by section 277 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 21B(1)(b): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 239(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21B(2): amended (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 132 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 21B(2): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 239(3) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21B(3)(a): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 239(3) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21B(3)(a)(ii): amended (with effect on 1 April 2011), on 2 November 2012, by section 218(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 21B(3)(b): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 239(3) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21B(4): repealed (with effect on 1 April 2011), on 2 November 2012, by section 218(3) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 21B(5): inserted (with effect on 1 April 2011), on 2 November 2012, by section 218(4) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
21C Adjustments for first and subsequent adjustment periods
For the purposes of section 21A(b),—
(a)
for the first adjustment period applying to the goods or services, the person must compare the percentage intended use of the goods or services with their percentage actual use:
(b)
for a subsequent adjustment period, the person must compare the percentage actual use of the goods or services with—
(i)
their percentage actual use in an earlier period that is the most recent period in which an adjustment has been made (the previous actual use):
(ii)
their percentage intended use, if no adjustment has been made in an earlier period.
Section 21C: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
21CB Rate for change of use before 1 October 2010
[Repealed]Section 21CB: repealed, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
21D Calculating amount of adjustment
(1)
If a percentage difference arises for an adjustment period, a registered person must make a positive or negative adjustment for the period of an amount calculated using the formula—
full input tax deduction × percentage difference.
(2)
In the formula,—
(a)
full input tax deduction is the total amount of input tax on the supply, including any nominal GST component chargeable under section 20(3J)(a)(i):
(b)
percentage difference has the meaning set out in section 21G(1)(c).
(3)
For the purposes of subsection (1) and section 20G,—
(a)
if the adjustment is positive and the percentage actual use is more than the person’s percentage intended use or previous actual use, as applicable, the person is entitled to an additional deduction under section 20(3)(e) or (hb), as applicable:
(b)
if the adjustment is negative and the percentage actual taxable use is less than the person’s percentage intended use or previous actual use, as applicable, the person must treat the amount as a positive amount of output tax and attribute it to a taxable period under section 20(4).
Section 21D: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21D(3): amended (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 133(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 21D(3)(a): amended (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 133(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 21D(3)(b): amended, on 30 March 2017, by section 359 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
21E Concurrent uses of land
(1)
This section applies when a registered person simultaneously uses the same area of land during an adjustment period for making concurrent taxable and non-taxable supplies. The percentages determined under this section apply for the purposes of sections 21A and 21G.
(2)
This section does not apply if the Commissioner agrees that the registered person may use another calculation method.
(3)
The extent to which the land is used for making taxable supplies is calculated as a percentage using the formula—
(consideration for taxable supply ÷ total consideration for supply) × 100.
(4)
In the formula in subsection (3),—
(a)
consideration for taxable supply is,—
(i)
on a disposal of the land in the adjustment period, the amount paid or payable; or
(ii)
the market value of the land at the time of making the adjustment:
(b)
total consideration for supply is the sum of the amount referred to in paragraph (a) and the amount of—
(i)
all rental income that is the consideration for the supply of a dwelling paid or payable since the land was acquired; and
(ii)
if no rental income is paid or payable in relation to the non-taxable use of the land, the market value of rental income that would have been paid or payable since the land was acquired if the land had been used for this purpose.
(5)
For the purposes of subsection (4), if the person disposes of the land to an associated person, or if the amount of rental income is not an arm’s length amount, subsection (4)(a)(i) and (b)(i) do not apply, and the amount of the consideration is measured under subsection (4)(a)(ii) and (b)(ii).
(6)
For the purposes of subsection (4)(a)(ii) and (b)(ii), if the market value of the land or the market value of rental income is not readily identifiable, the person may use another method to provide a fair and reasonable estimate of the market value.
(7)
If a person is required to estimate the extent of taxable use of the land under this section and the land has at any time been used in a month solely for making non-taxable supplies, the person must calculate the percentage use for the adjustment period on a month by month basis, calculated using the formula—
(months ÷ total months) × result under subsection (3).
(8)
In the formula in subsection (7),—
(a)
months is the number of months since acquisition in which all or part of the land is used to some extent for making taxable supplies:
(b)
total months is the total number of months since acquisition.
Section 21E: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21E(1): amended, on 2 November 2012, by section 219 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
21F Treatment on disposal
(1)
This section applies when a registered person—
(a)
acquires goods or services in relation to which they do not have a full deduction, taking into account any adjustments made to input tax in adjustment periods after acquisition; and
(b)
subsequently disposes, or is treated as disposing, of the goods or services in the course or furtherance of a taxable activity.
(2)
The person must make a final adjustment of an amount calculated using the formula—
tax fraction × consideration × (1 − (actual deduction ÷ full input tax deduction)).
(3)
For the purposes of the formula in subsection (2),—
(a)
tax fraction has the meaning given in section 2(1), unless subsection (7) applies to the disposal:
(b)
consideration is the amount of consideration received, or treated as received, for the supply:
(c)
actual deduction is the amount of deduction already claimed, taking into account adjustments made up to the date of disposal:
(d)
the amount, when added to any deduction already claimed, must not be more than the amount of the full input tax deduction on acquisition referred to in section 21D(2).
(4)
Despite subsection (2), if the acquisition referred to in subsection (1)(a) relates to a supply that is charged at the rate of 0% under section 11(1)(mb), on a disposal referred to in subsection (1)(b), the person must make a final adjustment of an amount calculated using the formula—
tax fraction × consideration × (1 − previous use).
(5)
For the purposes of the formula in subsection (4),—
(a)
tax fraction has the meaning given in section 2(1), unless subsection (7) applies to the disposal:
(b)
consideration is the amount of consideration received, or treated as received, for the supply:
(c)
previous use is the percentage intended use or the previous actual use in the period before the period in which the disposal occurs.
(6)
The amount given by the formula in subsection (4) must not be more than the amount of output tax that is accounted for by the person under section 20(3J)(a)(iii), taking into account any later adjustments made under the apportionment rules in sections 21 to 21H.
(7)
In the formulas in subsections (2) and (4), on the disposal of the goods or services, if the supply is charged at the rate of 0%, the item tax fraction is treated as 15%.
Section 21F: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21F(3): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 240(1)(a) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21F(3)(a): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 240(1)(b) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21F(4): added (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 240(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21F(5): added (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 240(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21F(6): added (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 240(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21F(7): added (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 240(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
21FB Treatment when use changes to total taxable or non-taxable use
(1)
This section applies when—
(a)
a person makes an adjustment under section 21A or 21B; and
(b)
the person’s use of the goods or services in making taxable supplies changes in an adjustment period to either total taxable use or total non-taxable use; and
(c)
the total taxable use or non-taxable use remains unchanged for an unbroken period that is—
(i)
the remainder of the adjustment period in which the use was changed; and
(ii)
the adjustment period following the period in which the use was changed.
(2)
If the use changes to total taxable use, the person’s adjustment for the adjustment period referred to in subsection (1)(c)(ii) is an amount of input tax calculated using the formula—
full input tax deduction − actual deduction.
(3)
In the formula,—
(a)
full input tax deduction is the total amount of input tax on the supply, after taking into account any nominal GST component chargeable under section 20(3J)(a)(i):
(b)
actual deduction is the amount of deduction already claimed, taking into account adjustments made up to the end of the adjustment period referred to in subsection (1)(c)(ii).
(4)
If the use changes to total non-taxable use, the person’s adjustment for the adjustment period referred to in subsection (1)(c)(ii) is an amount of output tax that is equal to the amount of the person’s actual deduction as described in subsection (3)(b).
Section 21FB: inserted, on 30 June 2014, by section 191 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
21G Definitions and requirements for apportioned supplies and adjustment periods
(1)
For the purposes of this section and sections 8(4B)(b), 9(2)(h), 20(3H) and (3JC), 20G, 21 to 21F, and 21H,—
(a)
percentage actual use, for a registered person and an adjustment period,—
(i)
means the extent to which the goods or services are actually used by the person for making taxable supplies; and
(ii)
is calculated for the period that starts when the goods or services are acquired and finishes at the end of the relevant adjustment period; and
(iii)
is expressed as a percentage of total use:
(b)
percentage intended use, for a registered person, means the extent to which the goods or services are intended to be used by the person for making taxable supplies, estimated at the time of acquisition under section 20(3G) and expressed as a percentage of total use:
(c)
percentage difference means the difference between the percentage actual use determined under paragraph (a) and, as applicable,—
(i)
the percentage intended use determined under paragraph (b); or
(ii)
for a subsequent adjustment period following a period in which a person has made an adjustment, the previous actual use of the goods or services in the earlier period.
(2)
For the purposes of this section and sections 20G, 21 to 21F, and 21H,—
(a)
the first adjustment period is a period that—
(i)
starts on the date of acquisition; and
(ii)
ends on the date as the person chooses that either corresponds to the person’s first balance date described in section 15B(6) that falls after the date of acquisition, or corresponds to the person’s first balance date that falls at least 12 months after the date of acquisition:
(b)
a subsequent adjustment period is a period of 12 months that—
(i)
starts on the day after the end of an earlier adjustment period; and
(ii)
ends on the last day of the equivalent taxable period in which the first adjustment period ended.
(3)
For the purposes of subsection (2)(b), a registered person who chooses under section 38(1) of the Tax Administration Act 1994 to change their balance date at some time in an income year may realign their subsequent adjustment periods with the new balance date. However, an affected adjustment period must be of at least 12 months duration and, if the new balance date causes an adjustment period to be shorter than 12 months, the relevant period is extended to the balance date of the following income year.
(4)
The number of adjustment periods in which a registered person must determine whether an adjustment is required under sections 20G and 21A, as applicable, may, as the person chooses, be limited to—
(a)
one of the following based on the value of the goods or services, excluding GST:
(i)
2 adjustment periods for goods or services valued at more than $5,000 but not more than $10,000:
(ii)
5 adjustment periods for goods or services valued at more than $10,000 but not more than $500,000:
(iii)
10 adjustment periods for goods or services valued at more than $500,000; or
(b)
the relevant adjustment periods that is equal to the number of years for the estimated useful life of the relevant asset as determined under the Tax Depreciation Rates Determinations set by the Commissioner under section 91AAF of the Tax Administration Act 1994.
(5)
Subsection (4) does not apply in relation to a supply of land.
(6)
An election by a registered person under subsection (4) to limit the number of adjustment periods applying to goods or services acquired by them cannot subsequently be changed.
(7)
Despite subsection (4) if, after making adjustments for goods or services for the number of adjustment periods, the person subsequently disposes, or is treated as disposing, of the relevant asset, they must make a final adjustment under section 21F in the taxable period in which the disposal occurs.
(7B)
If a person disposes, or is treated as disposing, of an asset before the last required adjustment period under subsection (4), then for the purposes of subsection (2)(a)(ii) and (b)(ii), the current adjustment period is treated as—
(a)
ending immediately before the date of the disposal; and
(b)
the final adjustment period.
(8)
If a person does not choose the number of adjustment periods for an apportioned supply, the limits set out in subsection (4)(a) apply.
Section 21G: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21G(1): amended, on 1 October 2016, by section 61 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 21G(1): amended (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 134(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 21G(2): amended (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 134(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 21G(4): amended (with effect on 1 April 2013, applying in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014; for supplies of land or improvements to land, applying from 17 July 2013), on 17 July 2013, by section 134(3) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 21G(7B): inserted, on 2 November 2012, by section 220 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
21H Transitional accounting rules
(1)
This section applies in relation to goods or services acquired before 1 April 2011 when—
(a)
a registered person determines the extent to which goods or services are applied for the purposes of making supplies other than taxable supplies under sections 21 to 21H (the old apportionment rules) as they were before the enactment of the Taxation (GST and Remedial Matters) Act 2010:
(b)
no adjustment was made or was required to be made under the old apportionment rules before 1 April 2011 for goods or services other than those referred to in section 21HB.
(2)
The person must continue to apply the old apportionment rules in relation to the supply. However, the making of these adjustments is limited as follows:
(a)
for goods or services whose market value or book value on 1 April 2011 is $5,000 or less, no adjustment under the old apportionment rules may be, or may be required to be, made after 1 April 2011:
(b)
for goods or services whose market value or book value on 1 April 2011 is more than $5,000 but not more than $10,000, no adjustment under the old apportionment rules may be, or may be required to be, made after 1 April 2013:
(c)
for other goods or services, no adjustment under the old apportionment rules may be, or may be required to be, made after 1 April 2016.
(2B)
For goods or services that were acquired before 1 April 2011, for which no adjustment was made or required under the old apportionment rules before 1 April 2011, and that are not referred to in section 21HB(1), this section applies modified as follows:
(a)
if input tax was deducted under section 20(3) in relation to the goods or services, or if the goods or services were zero-rated at the time of purchase, the person must apply the old apportionment rules in relation to the supply:
(b)
if no input tax was deducted under section 20(3) in relation to the goods or services, the person must apply the new apportionment rules set out in sections 21 to 21G and subsection (2C).
(2C)
For the purpose of subsection (2B)(b), the first adjustment period is treated as beginning on the date of acquisition of the goods or services and ending on the date that is the first balance date falling after the later of—
(a)
the date on which the goods or services were first used for making taxable supplies:
(b)
the date on which the person becomes a registered person.
(3)
Subsection (2)(a) to (c) do not apply to a supply that wholly or partly consists of land.
Section 21H: substituted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 15(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 21H(1): replaced (with effect on 1 April 2011), on 2 November 2012, by section 221(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 21H(2B): inserted (with effect on 1 April 2011), on 2 November 2012, by section 221(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 21H(2C): inserted (with effect on 1 April 2011), on 2 November 2012, by section 221(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
21HB Transitional rules related to treatment of dwellings
(1)
Subsections (2) and (3) apply when goods or services acquired or produced in the period between 1 October 1986 and 1 April 2011 were not acquired or produced for the principal purpose of making taxable supplies but, because of the changes made by section 4(3) and (4) of the Taxation (GST and Remedial Matters) Act 2010 to the definitions of commercial dwelling and dwelling, the goods or services are treated from 1 April 2011 as being used for making taxable supplies. For the purposes of this section, the person must be a person registered under section 51(1) before or after 1 April 2011.
(2)
Input tax in relation to the acquisition referred to in subsection (3) may be deducted under section 20(3C) to the extent to which a deduction has not been made under the old apportionment rules.
(3)
The person must treat the goods or services as acquired on 1 April 2011 at the original cost of the supply.
(4)
A person may choose that a supply of accommodation in premises not be a taxable supply if the premises—
(a)
met the requirements of the definition of dwelling immediately before section 4(3) and (4) of the Taxation (GST and Remedial Matters) Act 2010 amended the definitions of commercial dwelling and dwelling; and
(b)
do not meet the requirements of the definition of dwelling because of the amendments referred to in paragraph (a).
(5)
Subsection (4) does not apply if the value of the person’s supplies of accommodation in premises affected by the amendments exceeds the threshold value given by section 51(1)(a).
(6)
Subsection (7) applies to a person who—
(a)
is required to treat a dwelling as a commercial dwelling because of the amendments to the definitions of commercial dwelling and dwelling made by section 4(3) and (4) of the Taxation (GST and Remedial Matters) Act 2010; and
(b)
on or after 1 April 2011, has treated the supply of accommodation in a dwelling, being a residential unit in a retirement village or rest home, as a taxable supply.
(7)
The person may irrevocably choose in a tax return for a period starting before 1 April 2015, to—
(a)
continue to treat the supply as a taxable supply for that period and for subsequent periods; or
(b)
treat the supply as an exempt supply for that period and for subsequent periods, and for this purpose, the election to treat the supply as an exempt supply does not constitute a change of use for the purposes of section 21FB(4).
Section 21HB: inserted (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 241(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 21HB heading: amended, on 30 June 2014, by section 192(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 21HB(1): amended, on 30 June 2014 (applying to a tax position taken by a person after 22 November 2013), by section 192(2)(a) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 21HB(1): amended, on 30 June 2014 (applying to a tax position taken by a person after 22 November 2013), by section 192(2)(b) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 21HB(4): replaced (with effect on 1 April 2011), on 24 February 2016, by section 278 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 21HB(5): replaced (with effect on 1 April 2011), on 24 February 2016, by section 278 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 21HB(6): inserted, on 1 April 2015 (applying to supplies of accommodation in dwellings affected by the amendments that are acquired before that date), by section 192(4) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 21HB(7): inserted, on 1 April 2015 (applying to supplies of accommodation in dwellings affected by the amendments that are acquired before that date), by section 192(4) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
21HC Transitional rules relating to members of unit title bodies corporate
(1)
A member of a unit title body corporate that acquires a supply of goods or services (the corporate supply) in a taxable period that ends on or after 1 November 2010 and before 3 November 2015, or that includes 3 November 2015, may make a deduction under section 20(3)(hc) for the taxable period if—
(a)
at the time of the corporate supply, the unit title body corporate is not a registered person and the member is a registered person; and
(b)
the unit title body corporate acquires the corporate supply for the purpose of making a supply (the membership supply) under a power or duty set out in section 84 of the Unit Titles Act 2010 that the member uses in making taxable supplies; and
(c)
the member makes a return for the taxable period that treats part of the corporate supply as being acquired by the member for use in making taxable supplies; and
(d)
the member maintains sufficient records to enable the Commissioner to ascertain—
(i)
the nature of the corporate supply and the membership supply; and
(ii)
the amount that the member pays to the unit title body corporate for the membership supply; and
(iii)
that the corporate supply is a taxable supply; and
(iv)
that the membership supply is used by the member in making taxable supplies.
(2)
If the corporate supply is acquired for the purpose of making a membership supply for which the unit title body corporate charges the member on a basis other than the member’s ownership interest or utility interest, as defined in section 5 of the Unit Titles Act 2010, the amount that the member may deduct is the tax fraction of the amount charged to the member for the membership supply.
(3)
For a corporate supply to which subsection (2) does not apply, the amount that the member may deduct is the tax fraction of an amount that, as a proportion of the amount paid by the unit title body corporate for the corporate supply, is fair and reasonable based on the proportion that the member owns of the total ownership interest and utility interest in the body corporate as defined in section 5 of the Unit Titles Act 2010.
Section 21HC: inserted (with effect on 1 October 2011), on 24 February 2016, by section 279 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 21HC(1): amended (with effect on 1 October 2011), on 30 March 2017, by section 360(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 21HC(1)(c): amended (with effect on 1 October 2011), on 30 March 2017, by section 360(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
21I Fringe benefits and entertainment expenses
(1)
If a registered person has or is deemed to have provided or granted a fringe benefit to another person under the FBT rules of the Income Tax Act 2007, the providing or granting of the fringe benefit is treated as being a supply of goods and services made by the registered person in the course or furtherance of their taxable activity.
(2)
Subsection (1) does not apply to the extent that—
(a)
the other person paid an amount for the receipt or enjoyment of the fringe benefit; or
(b)
the fringe benefit arose by virtue of an exempt supply under section 14; or
(c)
the fringe benefit arose by virtue of a supply that is charged with tax at the rate of 0% under section 11, 11A, 11AB or 11B; or
(d)
the fringe benefit is, or is deemed to be, provided or granted by a registered person in the course of making exempt supplies.
(3)
Despite sections 9 and 21C, the supply of goods and services is treated as taking place at the time the fringe benefit is or is deemed to be provided or granted.
(4)
If sections DD 1 to DD 3 of the Income Tax Act 2007 apply to limit the deduction under that Act for expenditure or loss (including depreciation loss) that a registered person is allowed in the course of or furtherance of a taxable activity with respect to entertainment, as described by section DD 2 of that Act,—
(a)
the registered person is treated as having supplied entertainment for a consideration in money equal to the amount of the deduction prevented by sections DD 1 and DD 2 of that Act; and
(b)
unless subsection (4B) applies, the time of the supply is treated as being the earlier of—
(i)
the date on which the person furnishes a return of income under section 37 of the Tax Administration Act 1994 for the tax year for which the deduction is allowed; and
(ii)
the date by which the person must furnish a return of income under section 37 of the Tax Administration Act 1994 for the tax year for which the deduction is allowed.
(4B)
Despite subsection (4)(b), for a registered person who is treated as supplying entertainment as described in subsection (4), the time of supply for that entertainment is treated as being 30 September 2010 if—
(a)
the relevant expenditure or loss for the entertainment is incurred before 1 October 2010; and
(b)
the registered person chooses to apply this section.
(5)
For the purpose of subsection (4), expenditure does not include an entertainment allowance to an employee or a reimbursing payment that is exempt income under section CW 17, CW 17B, CW 17C, or CW 18 of the Income Tax Act 2007.
Section 21I: inserted, on 10 October 2000 (applying to goods and services treated as being supplied on and after 10 October 2000), by section 100(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 21I(1): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 21I(2)(c): amended, on 1 July 2003, by section 158 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 21I(3): substituted, on 27 March 2001, by section 68(1) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 21I(4): substituted, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 21I(4): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 21I(4)(b): amended, on 20 May 2010, by section 50(1) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 21I(4B): inserted, on 20 May 2010, by section 50(2) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 21I(5): amended (with effect on 1 April 2005), on 6 October 2009, by section 712 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 21I(5): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
22 Goods and services acquired before incorporation
Any company, being a registered person, shall, where any amount of tax has been charged or levied pursuant to section 8(1) or section 12(1) in relation to the acquisition of goods and services for or on behalf of that company or in connection with the incorporation of that company, and where those goods and services were acquired prior to incorporation by a person who—
(a)
became a member, officer, or employee of the company and was reimbursed by the company for the whole amount of the consideration paid for the goods and services; and
(b)
acquired those goods and services for the purpose of a taxable activity to be carried on by the company and has not used those goods and services for any purpose other than such taxable activity,—
be deemed to be the recipient of the goods and services and to have paid any tax charged or levied pursuant to section 8(1) or section 12(1) as if the supply or the payment of the tax had been made during the taxable period in which the reimbursement referred to in paragraph (a) is made:
provided that this section shall not apply in relation to any goods and services where—
(c)
the supply of those goods and services by that person to the company is a taxable supply, or is a supply of secondhand goods not being a taxable supply; or
(d)
those goods and services were so acquired more than 6 months prior to the date of incorporation of the company; or
(e)
the company does not hold sufficient records to establish the particulars relating to the deduction to be made.
Section 22: amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
23 Payment of tax
(1)
Every registered person, for each taxable period, shall, not later than the last day allowed under this Act for furnishing a return for that taxable period, pay to the Commissioner the tax payable for that period as calculated pursuant to section 20.
(2)
[Repealed](3)
[Repealed](4)
A return purporting to be made by or on behalf of any person shall for all purposes be deemed to have been made by that person or by that person’s authority, as the case may be, unless the contrary is proved.
Section 23(2): repealed, on 10 October 2000 (applying on 10 October 2000), by section 101(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 23(3): repealed, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 153(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
23A Payment of tax relating to fringe benefits
(1)
A registered person who provides or grants a fringe benefit to another person under the Income Tax Act 2007 must pay the tax on the taxable value of the fringe benefit in the person’s FBT return by the time specified in sections RA 15, and RD 59 to RD 62 of the Income Tax Act 2007 and sections 46B to 46D of the Tax Administration Act 1994 as is appropriate.
Section 23A: inserted, on 27 March 2001, by section 69(1) of the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4).
Section 23A(1): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 23A(2): added, on 17 October 2002, by section 105(1) of the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32).
Section 23A(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
24 Tax invoices
(1)
Except as otherwise provided in this section, a supplier, being a registered person, making a taxable supply to a recipient, being a registered person, shall, at the request of the recipient, provide that recipient, within 28 days of the making of that request, with a tax invoice containing such particulars as are specified in this section:
provided that—
(a)
it shall not be lawful to issue more than 1 tax invoice for each taxable supply:
(b)
if a registered person claims to have lost the original tax invoice, the supplier or the recipient, as the case may be, may provide a copy clearly marked “copy only”
.
(2)
Where a recipient, being a registered person, creates a document containing the particulars specified in this section and purporting to be a tax invoice in respect of a taxable supply of goods and services made to the recipient by a supplier, being a registered person, that document shall be deemed to be a tax invoice provided by the supplier under subsection (1) where—
(a)
the Commissioner has granted prior approval for the issue of such documents by a recipient or class or classes of recipients in relation to the taxable supplies or class or classes of taxable supplies to which the documents relate; and
(b)
the supplier and the recipient agree that the supplier shall not issue a tax invoice in respect of any taxable supply to which this subsection applies; and
(c)
the document is provided to the supplier and a copy is retained by the recipient; and
(d)
the words “buyer created tax invoice—IRD approved”
are contained in a prominent place on that document:
provided that where a tax invoice is issued pursuant to this subsection any tax invoice issued by the supplier in respect of that taxable supply shall be deemed not to be a tax invoice for the purposes of this Act.
(2A)
Subject to subsection (2B), for the purposes of subsection (1), where goods are deemed to be supplied by a person pursuant to section 5(2), the person selling those goods, whether or not that person is a registered person, in making that taxable supply to a recipient, shall be deemed to be the supplier of those goods.
(2B)
In any case where subsection (2A) applies and the person who is deemed to be the supplier is not a registered person, the reference to the registration number of the supplier in paragraph (b) of subsections (3) and (4) shall be read as if that reference were to the tax file number of the supplier.
(3)
Except as the Commissioner may otherwise allow, and subject to this section, a tax invoice shall contain the following particulars:
(a)
the words “tax invoice”
in a prominent place:
(b)
the name and registration number of the supplier:
(c)
the name and address of the recipient:
(d)
the date upon which the tax invoice is issued:
(e)
a description of the goods and services supplied:
(f)
the quantity or volume of the goods and services supplied:
(g)
either—
(i)
the total amount of the tax charged, the consideration, excluding tax, and the consideration, inclusive of tax for the supply; or
(ii)
where the amount of tax charged is the tax fraction of the consideration, the consideration for the supply and a statement that it includes a charge in respect of the tax.
(4)
Notwithstanding anything in subsection (3), where the consideration in money for a supply does not exceed $1,000 (or such greater amount as the Governor-General may, from time to time, by Order in Council declare), a tax invoice shall contain the particulars specified in that subsection or the following particulars:
(a)
the words “tax invoice”
in a prominent place:
(b)
the name and registration number of the supplier:
(c)
the date upon which the tax invoice is issued:
(d)
a description of the goods and services supplied:
(e)
the consideration for the supply and a statement that it includes a charge in respect of tax:
provided that this subsection does not apply to a supply—
(f)
that is charged with tax pursuant to section 11, 11A, 11AB, or 11B:
(g)
for which a supplier made an election under subsection (5B).
(5)
Notwithstanding any other provision of this Act, a supplier is not required to provide a tax invoice if—
(a)
the consideration in money for a supply does not exceed $50 (or such greater amount as the Governor-General may, from time to time, by Order in Council declare):
(b)
the supplier is a non-resident supplier of remote services to which section 8(3)(c) applies.
(5B)
Despite subsection (5), a supplier may choose to provide a tax invoice to the recipient of the services if—
(a)
the supplier is a non-resident supplier of remote services to which section 8(3)(c) applies, and—
(i)
section 8(4D) was incorrectly applied to the treatment of the supply, so that the services were treated as being supplied in New Zealand when they should have been treated as being supplied outside New Zealand; or
(ii)
section 11A(1)(x) was incorrectly applied to the treatment of the supply, so that the supply was not zero-rated when it should have been; and
(b)
the consideration in money for the supply, in New Zealand currency as at the time of the supply, does not exceed $1,000; and
(c)
the recipient—
(i)
notifies the supplier that they are a registered person:
(ii)
provides their registration number or New Zealand business number to the supplier.
(5C)
Subsection (5B) does not apply to the supply of a contract of insurance.
(5D)
If an election is made under subsection (5B) in circumstances where section 8(4D) was incorrectly applied to the treatment of the supply, the supplier and the recipient are treated as agreeing that section 8(4) will not apply to the supply.
(6)
Where the Commissioner is satisfied that there are or will be sufficient records available to establish the particulars of any supply or class of supplies, and that it would be impractical to require that a tax invoice be issued pursuant to this section, the Commissioner may determine that, subject to any conditions that the Commissioner may consider necessary,—
(a)
any 1 or more of the particulars specified in subsection (3) or subsection (4) shall not be contained on a tax invoice; or
(b)
a tax invoice is not required to be issued.
(6A)
Any tax invoice issued pursuant to subsection (6)(a) shall contain the words “modified tax invoice—IRD approved”
in a prominent place.
(7)
Notwithstanding anything in this section, where a supplier makes a supply, not being a taxable supply, of secondhand goods to a recipient, being a registered person, the recipient shall maintain sufficient records to enable the following particulars to be ascertained:
(a)
the name and address of the supplier:
(b)
the date upon which the secondhand goods were acquired:
(c)
a description of the goods supplied:
(d)
the quantity or volume of the goods supplied:
(e)
the consideration for the supply:
provided that this subsection shall not require that recipient to keep such records where the consideration in money for that supply does not exceed $50 (or such greater amount as the Governor-General may, from time to time, by Order in Council declare).
(7B)
Despite subsections (1) and (3), if a tax invoice is not available in relation to a supply of goods to which section 60B(3), (4), and (6) apply, the nominated person must maintain sufficient records to enable the following particulars to be ascertained:
(a)
the name and address of the supplier; and
(b)
the date on which payment for the supply was made; and
(c)
a description of the goods supplied; and
(d)
the consideration for the supply.
(8)
Where any amount of tax charged is required to be shown on any tax invoice, and that amount consists of any number of dollars and cents together with any fraction or part of a cent, that fraction or part of that cent,—
(a)
if less than or equal to half of that cent, may be disregarded for the purposes of this section:
(b)
if in excess of half of that cent, shall be deemed for the purposes of this section to be an amount equal to 1 cent.
(9)
Where approval has been granted by the Commissioner to issue tax invoices pursuant to subsection (2), that approval may be withdrawn at any time where the Commissioner is satisfied that the conditions of that approval have not been complied with.
(10)
Where the Commissioner has determined that a tax invoice may be issued pursuant to subsection (6)(a), or is not required to be issued pursuant to subsection (6)(b), that determination may be revoked where the Commissioner is satisfied that any conditions specified have not been complied with.
Section 24(2): amended, on 19 December 1989, by section 11(1)(a) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(2)(a): amended, on 19 December 1989, by section 11(1)(b) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(2)(b): amended, on 19 December 1989, by section 11(1)(c) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(2)(c): substituted, on 19 December 1989, by section 11(2) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(2)(d): added, on 19 December 1989, by section 11(2) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(2) proviso: amended, on 19 December 1989, by section 11(1)(d) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(2A): inserted, on 19 December 1989, by section 11(3) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(2B): substituted, on 23 September 1997, by section 112 of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).
Section 24(3)(b): amended (with effect on 3 December 1985), on 8 August 1986, by section 19(1)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 24(3)(d): amended (with effect on 3 December 1985), on 8 August 1986, by section 19(1)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 24(4): amended, on 10 October 2000 (applying on and after 1 October 2000), by section 102(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 24(4) proviso: replaced, on 1 October 2016, by section 62(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 24(5): replaced, on 1 October 2016, by section 62(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 24(5B): inserted, on 1 October 2016, by section 62(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 24(5B)(a)(i): amended (with effect on 1 October 2016), on 30 March 2017, by section 362(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 24(5C): inserted, on 1 October 2016, by section 62(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 24(5D): inserted, on 1 October 2016, by section 62(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 24(5D): amended (with effect on 1 October 2016), on 30 March 2017, by section 362(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 24(6): amended (with effect on 3 December 1985), on 8 August 1986, by section 19(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 24(6A): inserted, on 19 December 1989, by section 11(4) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(7): amended (with effect on 3 December 1985), on 8 August 1986, by section 19(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 24(7) proviso: added (with effect on 3 December 1985), on 8 August 1986, by section 19(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 24(7) proviso: amended, on 28 September 1993 (applying with respect to supplies of secondhand goods made on or after 28 September 1993), by section 3(1) of the Goods and Services Tax Amendment Act (No 2) 1993 (1993 No 131).
Section 24(7B): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 16(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 24(7B): amended (with effect on 1 April 2011), on 2 November 2012, by section 222 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 24(8): added (with effect on 3 December 1985), on 8 August 1986, by section 19(5) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 24(9): added, on 19 December 1989, by section 11(5) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 24(10): added, on 19 December 1989, by section 11(5) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
24BA Shared tax invoices
(1)
A shared invoice is a tax invoice, if the invoice contains the following particulars:
(a)
the words “tax invoice”
in a prominent place:
(b)
the name and registration number of the principal supplier:
(c)
the name and address of the recipient:
(d)
the date upon which the tax invoice is issued:
(e)
a description of the goods and services supplied:
(f)
the consideration for the supply, inclusive of tax charged, and—
(i)
the tax charged, and the consideration for the supply, excluding tax charged; or
(ii)
where the amount of tax charged is the tax fraction of the consideration, a statement that the consideration includes a charge in respect of the tax.
(2)
A tax invoice under this section is treated as provided by each supplier.
(3)
Where a tax invoice to which this section applies has been issued in respect of a supply, the principal supplier must maintain sufficient records to enable the name, address, and registration number, if any, of the supply’s supplier to be ascertained.
(4)
For the purposes of this section,—
principal supplier means, for a shared invoice,—
(a)
the supplier responsible for issuing the invoice, unless paragraph (b) applies:
(b)
the representative member of a group of companies for the purposes of section 55
shared invoice means a single invoice for goods and services (other than goods deemed to be supplied pursuant to section 5(2)) supplied by 2 or more suppliers, if the suppliers use a single invoice because they—
(a)
have statutory obligations which make it practical to use a single invoice:
(b)
are part of the same group of companies for the purposes of section 55.
Section 24BA: inserted, on 19 December 2007, by section 277 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
24B Records to be kept by recipient of imported services
A registered person who receives a supply of services that is treated by section 8(4B) as being made in New Zealand, or who is required to account for output tax under section 20(3JC), must maintain sufficient records of the supply to enable the following particulars to be ascertained:
(a)
the name and address of the supplier:
(b)
the date on which, or the period during which, the supply was received:
(c)
a description of the services supplied:
(d)
the consideration for the supply:
(e)
the time by which payment of the consideration for the supply is required:
(f)
the amount of the consideration for the supply that the registered person has treated as not affecting the value of the supply in reliance on section 10(15C)(a):
(g)
the amount of the consideration for the supply that the registered person has treated as not affecting the value of the supply in reliance on section 10(15C)(b).
Section 24B: inserted, on 1 January 2005, by section 158 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 24B: amended, on 1 October 2016, by section 63 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
25 Credit and debit notes
(1)
This section shall apply where, in relation to the supply of goods and services by any registered person,—
(a)
that supply of goods and services has been cancelled; or
(aa)
the nature of that supply of goods and services has been fundamentally varied or altered; or
(aab)
section 8(4) was incorrectly applied to the treatment of the supply, so that the services were treated as having been supplied in New Zealand when they should have been treated as being supplied outside New Zealand, for a supply—
(i)
made by a non-resident supplier of services to which section 8(3)(c) applies; and
(ii)
for which no election was subsequently made under section 24(5B); or
(ab)
section 11(1)(mb) was incorrectly applied to the treatment of the supply, so that the supply was either zero-rated when it should not have been, or not zero-rated when it should have been; or
(abb)
section 11A(1)(x) was incorrectly applied to the treatment of the supply, so that the supply was not zero-rated when it should have been, and the supplier did not subsequently make an election under section 24(5B); or
(b)
the previously agreed consideration for that supply of goods and services has been altered, whether due to the offer of a discount or otherwise; or
(c)
the goods and services or part of those goods and services supplied have been returned to the supplier,—
and the supplier has—
(d)
provided a tax invoice in relation to that supply and as a result of any 1 or more of the above events, the amount shown thereon as tax charged on that supply is incorrect; or
(e)
furnished a return in relation to the taxable period for which output tax on that supply is attributable and, as a result of any 1 or more of the above events, has accounted for an incorrect amount of output tax on that supply.
(2)
Where a supplier has accounted for an incorrect amount of output tax as specified in subsection (1)(e), that supplier shall make an adjustment in calculating the tax payable by that supplier in the return for the taxable period during which it has become apparent that the output tax is incorrect, and if—
(a)
the output tax properly charged in relation to that supply exceeds the output tax actually accounted for by the supplier, the amount of that excess shall be deemed to be tax charged on a taxable supply made by that supplier and be attributable to the taxable period in which the adjustment is to be made, and not attributable to any prior taxable period:
(b)
the output tax actually accounted for exceeds the output tax properly charged in relation to that supply, that supplier shall make a deduction under section 20(3) of the amount of that excess.
(3)
Subject to this section, where a tax invoice has been provided as specified in subsection (1)(d), and—
(a)
the amount shown as tax charged on that tax invoice exceeds the actual tax charged in respect of that supply, the supplier shall provide the recipient with a credit note, containing the following particulars:
(i)
the words “credit note”
in a prominent place:
(ii)
the name and registration number of the registered person:
(iii)
the name and address of the recipient:
(iv)
the date on which the credit note was issued:
(v)
either—
(A)
the amount of consideration for that supply contained in the tax invoice referred to above, the correct amount of consideration for the supply, the difference between those 2 amounts, and the tax charged in respect of that supply to the extent that it relates to the amount of that difference; or
(B)
where the tax charged in respect of the supply is the tax fraction of the consideration, the difference referred to above in this subparagraph and a statement that that difference includes a charge in respect of the tax:
(vi)
[Repealed](vii)
a brief explanation of the circumstances giving rise to the issuing of the credit note:
(b)
the actual tax charged in respect of that supply exceeds the tax charged shown on the tax invoice, the supplier shall provide the recipient with a debit note, containing the following particulars:
(i)
the words “debit note”
in a prominent place:
(ii)
the name and registration number of the registered person:
(iii)
the name and address of the recipient:
(iv)
the date on which the debit note was issued:
(v)
either—
(A)
the amount of consideration for that supply contained in the tax invoice referred to above, the correct amount of consideration for the supply, the difference between those 2 amounts, and the tax charged in respect of that supply to the extent that it relates to the amount of that difference; or
(B)
where the tax charged in respect of the supply is the tax fraction of the consideration, the difference referred to above in this subparagraph and a statement that that difference includes a charge in respect of the tax:
(vi)
[Repealed](vii)
a brief explanation of the circumstances giving rise to the issuing of the debit note:
provided that—
(c)
it shall not be lawful to issue more than 1 credit note or debit note for the amount of the excess:
(d)
if any registered person claims to have lost the original credit note or debit note, the supplier or recipient, as the case may be, may provide a copy clearly marked “copy only”
:
(e)
a supplier shall not be required to provide a recipient with a credit note pursuant to paragraph (a) in any case where and to the extent that the amount of the excess referred to in that paragraph arises as a result of the recipient taking up a prompt payment discount offered by the supplier and that the terms of the prompt payment discount offer are clearly stated on the face of the tax invoice:
(f)
in the case of a supply to which subsection (1)(ab) applies, a credit note may not be issued after 7 years from the date of settlement of the transaction relating to the supply.
(3A)
Where a recipient, being a registered person, creates a document containing the particulars specified in this section and purporting to be a credit note or a debit note in respect of a supply of goods and services made to the recipient by a supplier, being a registered person, that document shall be deemed to be a credit note or, as the case may be, a debit note provided by the supplier under subsection (3) where—
(a)
the Commissioner has granted prior approval for the issue of such documents by a recipient or class or classes of recipients in relation to the supplies or class or classes of supplies to which the documents relate; and
(b)
the supplier and the recipient agree that the supplier shall not issue a credit note or, as the case may be, a debit note in respect of any supply to which this subsection applies; and
(c)
a copy of any such document is provided to the supplier and another copy is retained by the recipient:
provided that—
(d)
where a credit note is issued pursuant to this subsection, any credit note issued by the supplier in respect of that supply shall be deemed not to be a credit note for the purposes of this Act:
(e)
where a debit note is issued pursuant to this subsection, any debit note issued by the supplier in respect of that supply shall be deemed not to be a debit note for the purposes of this Act.
(3B)
Where the Commissioner is satisfied that there are or will be sufficient records available to establish the particulars of any supply or class of supplies, and that it would be impractical to require that a credit note or a debit note be issued pursuant to this section, the Commissioner may determine that, subject to any conditions that the Commissioner may consider necessary,—
(a)
any 1 or more of the particulars specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (3) shall not be contained in a credit note or, as the case may be, a debit note; or
(b)
a credit note or, as the case may be, a debit note is not required to be issued.
(3C)
Notwithstanding anything in subsection (3) where, in relation to any taxable supplies, or a class or classes of taxable supplies, made by a supplier to a recipient, or a class or classes of recipients,—
(a)
the supplier has provided, in terms of section 24, 1 or more tax invoices to a recipient in respect of those taxable supplies; and
(b)
the Commissioner is satisfied that there are or will be sufficient records available to establish the particulars of those taxable supplies to a recipient,—
the Commissioner may determine in respect of any recipient, or class or classes of recipients, that, subject to any conditions that the Commissioner may consider necessary, the supplier may issue 1 credit note or debit note to each recipient with respect to those tax invoices.
(4)
Where any recipient, being a registered person, has been issued with a credit note pursuant to subsection (3)(a), or has been notified, or otherwise knows that any tax invoice which that registered person holds is incorrect as a result of any 1 or more of the events specified in any of paragraphs (a), (aa), (ab), (b), and (c) of subsection (1), and has made a deduction of any amount of input tax in any taxable period in respect of that supply of goods and services to which the credit note or that notice or other knowledge, as the case may be, relates, the amount of the excess referred to in subsection (3)(a) shall be deemed to be tax charged in relation to a taxable supply made by the recipient attributable to the taxable period in which the credit note was issued, or that notice or, as the case may be, other knowledge was received, to the extent that the input tax deducted exceeds the output tax properly charged.
(5)
Where any recipient, being a registered person, has been issued with a debit note pursuant to subsection (3)(b), and has made a deduction of any amount of input tax in any taxable period in respect of that supply of goods and services to which that debit note relates, the recipient shall make a deduction under section 20(3) of the amount of the excess referred to in subsection (3)(b) in the taxable period in which the debit note is issued, to the extent that the output tax properly charged exceeds the input tax deducted.
(6)
Where any amount of tax charged is required to be shown on any credit note or debit note, and that amount consists of any number of dollars and cents together with any fraction or part of a cent, that fraction or part of that cent,—
(a)
if less than or equal to half of that cent, may be disregarded for the purposes of this section:
(b)
if in excess of half of that cent, shall be deemed for the purposes of this section to be an amount equal to 1 cent.
Section 25(1)(aa): inserted (with effect on 3 December 1985), on 8 August 1986, by section 20(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(1)(aab): inserted, on 1 October 2016, by section 64(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 25(1)(ab): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 17(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 25(1)(abb): inserted, on 1 October 2016, by section 64(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 25(2)(a): amended, on 21 June 2005, by section 157 of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 25(2)(b): amended, on 25 November 2003, by section 159(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 25(3)(a)(ii): amended, on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 12 of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 25(3)(a)(v): substituted (with effect on 3 December 1985), on 8 August 1986, by section 20(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3)(a)(vi): repealed (with effect on 3 December 1985), on 8 August 1986, by section 20(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3)(b)(ii): amended, on 24 March 1988 (applying to supplies made on or after 24 March 1988), by section 12 of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 25(3)(b)(v): substituted (with effect on 3 December 1985), on 8 August 1986, by section 20(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3)(b)(vi): repealed (with effect on 3 December 1985), on 8 August 1986, by section 20(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3)(c): amended (with effect on 3 December 1985), on 8 August 1986, by section 20(5) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3)(d): amended (with effect on 3 December 1985), on 8 August 1986, by section 20(5) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3)(e): amended (with effect on 3 December 1985), on 8 August 1986, by section 20(6) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3)(f): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 17(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 25(3A): inserted (with effect on 3 December 1985), on 8 August 1986, by section 20(7) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3B): inserted (with effect on 3 December 1985), on 8 August 1986, by section 20(7) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(3C): inserted, on 19 December 1989, by section 12 of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 25(4): substituted (with effect on 3 December 1985), on 8 August 1986, by section 20(8) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(4): amended, on 2 June 2016, by section 189 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 25(4): amended (with effect on 1 April 2011), on 30 June 2014, by section 193 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 25(5): amended, on 25 November 2003, by section 159(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 25(5): amended (with effect on 3 December 1985), on 8 August 1986, by section 20(9) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 25(6): added (with effect on 3 December 1985), on 8 August 1986, by section 20(10) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
25AA Consequences of change in contract for imported services
(1)
Despite section 25, this section applies in relation to a supply of services by a non-resident that is treated by sections 5B and 8(4B) as being made in New Zealand by the recipient of the supply if—
(a)
any one of the following is satisfied:
(i)
the supply of services has been cancelled:
(ii)
the nature of the supply of services has been fundamentally varied or altered:
(iii)
the previously agreed consideration for the supply of services has been altered, whether due to the offer of a discount or otherwise:
(iv)
the services or part of the services supplied have been returned to the non-resident:
(v)
the supplier has provided the recipient with a tax invoice under section 24(5B); and
(b)
an incorrect return has been made for the taxable period for which output tax on the supply is attributable.
(2)
A person who has accounted for an incorrect amount of output tax must make an adjustment to the calculation of tax payable in the return for the taxable period in which it becomes apparent that the amount of output tax was incorrect, and if the output tax properly charged on the supply is—
(a)
more than the output tax actually accounted for by the person, the amount of the excess is treated as being tax charged in relation to a taxable supply made by the person:
(b)
less than the output tax actually accounted for by the person, the amount of the deficiency is a deduction under section 20(3) for the person.
(3)
A person who has accounted for an incorrect amount of deductions must make an adjustment to the calculation of tax payable in the return for the taxable period in which it becomes apparent that the amount of deductions was incorrect, and if the deduction properly resulting from the supply is—
(a)
less than the deduction actually claimed by the person, the amount of the deficiency is treated as being tax charged in relation to a taxable supply made by the person:
(b)
more than the deduction actually claimed by the person, the amount of the excess is a deduction under section 20(3) for the person.
Section 25AA: inserted, on 1 January 2005, by section 160 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 25AA(1)(a)(iv): amended, on 1 October 2016, by section 65(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 25AA(1)(a)(v): inserted, on 1 October 2016, by section 65(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
25AB Consequences of change in contract for secondhand goods
(1)
This section applies to a supply of secondhand goods to a registered person if—
(a)
the supply is affected by an event referred to in section 25(1)(a) to (c); and
(b)
the registered person returns input tax on the supply as a deduction from the amount of output tax for a taxable period in the calculation of tax payable by the registered person for the taxable period; and
(c)
as a result of the event referred to in paragraph (a), the amount of input tax on the supply returned by the registered person exceeds the correct amount of input tax for the supply; and
(d)
the supplier does not provide a tax invoice or debit note in relation to the supply.
(2)
An amount equal to the amount of the excess referred to in subsection (1)(c) is treated as being tax charged in relation to a taxable supply made by the registered person for the taxable period in which the event referred to in subsection (1)(a) occurs.
Section 25AB: inserted, on 30 March 2017, by section 363 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
25A Commissioner may approve use of symbols, etc, on electronically transmitted invoices and credit and debit notes
(1)
The Commissioner may, for the purpose of facilitating the electronic transfer of tax invoices and credit or debit notes, approve the use in any such electronic transfer of symbols, abbreviations, or other notations to represent any particulars required by section 24 or 25 to be contained in a tax invoice or a credit or debit note.
(2)
Any such approval—
(a)
may be expressed to apply generally, or to such registered person or class of registered persons as the Commissioner may specify:
(b)
may be limited to such cases or be subject to such conditions as the Commissioner thinks fit to impose:
(c)
may be withdrawn or varied by the Commissioner at any time on the giving of such notice as is reasonable in the circumstances.
Section 25A: inserted, on 13 March 1992, by section 7 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
26 Bad debts
(1)
Where a registered person—
(a)
has made a taxable supply for consideration in money; and
(b)
has furnished a return in relation to the taxable period during which the output tax on the supply was attributable and has properly accounted for the output tax on that supply as required under this Act; and
(c)
has written off as a bad debt the whole or part of the consideration not paid to that person,—
that registered person shall make a deduction under section 20(3) of that portion of the amount of tax charged in relation to that supply as the amount written off as a bad debt bears to the total consideration for the supply:
provided that where goods are supplied under a hire purchase agreement, the registered person shall only make a deduction under section 20(3) of the tax fraction (being the tax fraction applicable at the time that the hire purchase agreement was entered into) of that portion of the amount written off as a bad debt as the cash price bears to the total amount payable under the hire purchase agreement:
(1AA)
Subsection (1) also applies if a registered person sells a debt to a third party and then reacquires the debt.
(1AB)
A registered person who is required to account for tax payable on a payments basis under either section 19 or section 19A must apply this section only to supplies made by the person to which any one of sections 9(2)(b), 9(3)(b) and 26A applies.
(1A)
Where a registered person has, in respect of the supply by that registered person of any contract of insurance (being a supply charged with tax pursuant to section 8(1)),—
(a)
paid any amount to the Earthquake and War Damage Commission pursuant to the Earthquake and War Damage Act 1944 or to the Fire Service Commission pursuant to the Fire Service Act 1975 or to Fire and Emergency New Zealand pursuant to the Fire and Emergency New Zealand Act 2017; and
(b)
sought to recover that amount, together with the consideration for that supply, from the recipient of that supply; and
(c)
written off as a bad debt the whole or part of that amount not paid to that registered person,—
that registered person shall make a deduction under section 20(3) of the tax fraction of that amount or that part of that amount written off.
(2)
Where any amount in respect of which a deduction has been made in accordance with subsection (1) is at any time wholly or partly recovered by the registered person, that portion of the amount of the deduction allowable under subsection (1) as the amount of the bad debt recovered bears to the bad debt written off shall be deemed to be the tax charged in relation to a taxable supply made during the taxable period in which the bad debt is wholly or partly recovered.
(3)
This section does not apply when the taxable supply is one made by a principal to an agent as described in section 60(1B)(a) if the agent has been paid for the supply described in section 60(1B)(b).
(4)
This section does not apply when the taxable supply is made by an agent to a principal as described in section 60(2B)(b).
Section 26(1): amended (with effect on 3 December 1985), on 8 August 1986, by section 21(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 26(1) first proviso: amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
Section 26(1) second proviso: repealed, on 10 October 2000 (applying on 10 October 2000), by section 103(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 26(1AA): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 103(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 26(1AB): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 103(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 26(1A): inserted (with effect on 3 December 1985), on 8 August 1986, by section 21(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 26(1A)(a): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
Section 26(3): inserted, on 17 July 2013, by section 135 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 26(4): inserted, on 30 March 2017, by section 364 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
26A Factored debts
(1)
This section applies to a registered person who—
(a)
sells a debt to another person during a taxable period; and
(b)
is required to account for tax payable on a payments basis.
(2)
The sale of the debt is treated as being a taxable supply—
(a)
that is made by the registered person during the taxable period; and
(b)
on which the amount of tax charged is the tax fraction of the remaining book value of the debt.
Section 26A: substituted, on 21 June 2005, by section 158 of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Part 4 Assessment of tax
[Repealed]Part 4: repealed, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 154(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
27 Assessment of tax
[Repealed]Section 27: repealed, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 154(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
28 Validity of assessments not affected by failure to comply with Act
[Repealed]Section 28: repealed, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 154(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
29 Assessments deemed correct except in proceedings on objection
[Repealed]Section 29: repealed, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 154(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
30 Evidence of returns and assessments
[Repealed]Section 30: repealed, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 154(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
31 Application of Parts 4A and 8A of Tax Administration Act 1994
[Repealed]Section 31: repealed, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 154(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Part 5 Objections
[Repealed]Part 5: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
32 Objections to certain decisions
[Repealed]Section 32: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
33 Objections to assessments
[Repealed]Section 33: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
34 Commissioner may amend assessment, or objections may be submitted to Taxation Review Authority
[Repealed]Section 34: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
35 Powers of Taxation Review Authority on determination of objection or case stated
[Repealed]Section 35: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
36 When objection may be referred in first instance to High Court
[Repealed]Section 36: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
36A Test case procedure
[Repealed]Section 36A: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
37 Obligation to pay tax where objection lodged
[Repealed]Section 37: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
38 Interest on certain excess tax
[Repealed]Section 38: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
39 Determination of objection not to affect other assessments or decisions
[Repealed]Section 39: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
40 Objections to which this Part does not apply
[Repealed]Section 40: repealed, on 1 October 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 8(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Part 6 Recovery of tax
41 Additional tax to be payable if default made in payment of tax
[Repealed]Section 41: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 9(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
42 Recovery of tax
(1)
Tax payable by any person shall be recoverable as a debt due to the Crown.
(2)
Where a person has not paid the amount of the tax payable or any part thereof in the manner required by Part 3, the amount of the tax for the time being unpaid to the Commissioner shall, in the application of the assets of the person, rank as follows:
(a)
where the person is an individual, whether or not a member of an unincorporated body, upon that person’s bankruptcy or upon that person making an assignment for the benefit of that person’s creditors, the amount of the tax payable shall rank without limitation in amount, in order of priority immediately after preferential claims for wages or other sums payable to or on account of any servant or worker or apprentice or articled clerk, and in priority to all other claims:
(b)
where the person is a company, upon the liquidation of the company, the amount of the tax payable shall have the ranking provided for in Schedule 7 of the Companies Act 1993 (whether or not the company has been incorporated or registered under that Act):
(ba)
where the person is a company, upon the appointment of a receiver on behalf of the holder of any debenture given by the company secured by a charge over any property of the company or upon possession being taken on behalf of the debenture holder of the property, the amount of the tax payable shall have the ranking provided for in Schedule 7 of the Companies Act 1993 (whether or not the company has been incorporated or registered under that Act), as if the receiver or person taking possession were a liquidator:
(c)
if a person is an unincorporated body, on the appointment of a receiver on behalf of any person, the amount of tax payable—
(i)
ranks immediately after any preferential claims for any wages or other sums payable to or on account of any servant, worker, apprentice, or articled clerk; and
(ii)
ranks in priority over any claims of any person under a security interest to the extent that the security interest—
(A)
is over all or any part of the unincorporated body’s accounts receivable and inventory or all or any part of either of them; and
(B)
is not a purchase money security interest that has been perfected at the time specified in section 74 of the Personal Property Securities Act 1999; and
(C)
is not a security interest that has been perfected under the Personal Property Securities Act 1999 at the time of the receiver’s appointment and that arises from the transfer of an account receivable for which new value is provided by the transferee for the acquisition of that account receivable (whether or not the transfer of the account receivable secures payment or performance of an obligation); and
(iii)
must be paid accordingly out of any accounts receivable and inventory that are subject to the security interest (or their proceeds).
(3)
This section shall apply notwithstanding anything in any other Act.
(4)
In subsection (2)(c), the terms account receivable, inventory, new value, proceeds, purchase money security interest, and security interest have the same meanings as in the Personal Property Securities Act 1999.
(5)
The provisions of this section, as in force immediately before the commencement of the Personal Property Securities Act 1999, continue to apply in respect of a person that is a body or an unincorporated body whose property was subject to a floating charge that, before the commencement of that Act, became a fixed or specific charge.
Section 42(2): amended, on 30 March 1995, by section 3(5) of the Customs Amendment Act 1995 (1995 No 7).
Section 42(2)(a): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 106(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 42(2)(b): substituted (with effect on 1 July 1994), on 14 September 1994, by section 5 of the Goods and Services Tax Amendment Act 1994 (1994 No 77).
Section 42(2)(ba): inserted (with effect on 1 July 1994), on 14 September 1994, by section 5 of the Goods and Services Tax Amendment Act 1994 (1994 No 77).
Section 42(2)(c): substituted, on 1 May 2002, by section 191(1) of the Personal Property Securities Act 1999 (1999 No 126).
Section 42(2)(c)(ii)(B): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
Section 42(2)(c)(ii)(C): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
Section 42(4): substituted, on 1 May 2002, by section 191(1) of the Personal Property Securities Act 1999 (1999 No 126).
Section 42(5): added, on 1 May 2002, by section 191(1) of the Personal Property Securities Act 1999 (1999 No 126).
43 Deduction of tax from payment due to defaulters
(1)
For the purposes of this section—
amount payable, in relation to a person and to any registered person means—
(a)
any amount that, on the day on which a notice to the person is given under subsection (2) in relation to the registered person, is payable by the person (whether on that person’s own account, or as an agent, or as a trustee, or otherwise howsoever) to the registered person:
(b)
any amount that, on any day following the day referred to in paragraph (a), is, or becomes, before any revocation (under subsection (4)) of the notice so given, payable by the person (whether on that person’s own account, or as an agent, or as a trustee, or otherwise howsoever) to the registered person,—
and includes—
(c)
where the person is a bank, money (including any interest thereon) that—
(i)
on the day on which a notice to the person is given under subsection (2) in relation to the registered person, is on deposit or is deposited with the person to the credit of the registered person; or
(ii)
on any day following the day referred to in subparagraph (i) is on deposit or is deposited, before any revocation (under subsection (4)) of the notice so given, with the person to the credit of the registered person,—
whether the deposit or the depositing is on current account, or so as to bear interest for a fixed term or without limitation of time, and whether or not the registered person has made any application to withdraw or uplift the money,—
but does not include money deposited in any account that is—
(d)
a Home Layby Account within the meaning of the Post Office Act 1959; or
(e)
a Home Ownership Account within the meaning of the Home Ownership Savings Act 1974; or
(f)
[Repealed](g)
[Repealed]bank means—
(a)
[Repealed](b)
[Repealed](c)
[Repealed](d)
any building society registered under the Building Societies Act 1965, in respect of any deposits with the building society:
(e)
any person (not being a person of any of the kinds referred to in paragraphs (a) to (d)) that is a bank within the meaning of the Banking Act 1982.
(1B)
For the purposes of the definition of amount payable in subsection (1), money that is on deposit or is deposited to the credit of a registered person includes money that—
(a)
is held in a joint bank account in the name of the registered person and 1 or more other persons; and
(b)
can be withdrawn from the account by or on behalf of the registered person without a signature or other authorisation being required at the time of the withdrawal from, or on behalf of, the other person or persons.
(1C)
Subsection (1B) does not apply when the joint bank account is an account of a partnership that files a return of income under section 33(1) of the Tax Administration Act 1994.
(2)
Where any registered person has made default in the payment to the Commissioner of any tax or interest or late payment penalty or shortfall penalty payable by the registered person under this Act or the Tax Administration Act 1994, or any part of any such interest or tax or penalty, (collectively referred to in this section as unpaid tax), the Commissioner may from time to time by notice require any person to—
(a)
deduct or extract, in one sum, from any amount that is, or becomes, an amount payable in relation to that registered person such sum as is equal to the lesser of—
(i)
the amount that, pursuant to the notice, is required to be deducted or extracted:
(ii)
the amount that, at the time at which the deduction or extraction is required to be made in compliance with the notice, is the said amount payable:
(b)
subject to subsection (3), deduct or extract from time to time, by way of instalment, from any amount that is or, as the case may be, from time to time becomes, an amount payable in relation to the registered person such sum as is equal to the lesser of—
(i)
the amount that, at the time at which the deduction or extraction is required to be made in compliance with the notice, is the amount required to be so deducted or extracted:
(ii)
the amount that, pursuant to the notice, at the time at which the amount of the instalment is required to be deducted or extracted, is the said amount payable,—
and require that person to pay to the Commissioner, within such time as is specified in the notice, every sum so deducted or extracted, to the credit of an account maintained by the Commissioner in relation to that registered person in respect of that unpaid tax.
(2A)
A notice of amount to be deducted or extracted issued under subsection (1) may include a daily amount of interest as well as the amount required to be deducted or extracted.
(2B)
The daily amount of interest notified under subsection (2A) shall be calculated for each day, commencing on the date of the notice and ending on the day on which the sum required by the notice is deducted or extracted.
(3)
Where any notice under this section relates to any amount payable that consists of wages or salary, the sums required to be deducted therefrom shall be calculated so as to not exceed the greater of—
(a)
an amount equal to the lesser of the following amounts:
(i)
an amount calculated at the rate of 10% per week of the unpaid tax of the registered person at the date of the notice:
(ii)
an amount calculated at the rate of 20% of the said wages or salary payable:
(b)
the amount of $10 per week.
(4)
Any notice under this section may be at any time revoked by the Commissioner by a subsequent notice to the person to whom the original notice was given (in this section referred to as the debtor), and must be revoked by the Commissioner on application for revocation by the registered person at any time when the Commissioner is satisfied that all unpaid tax then due and payable by the registered person has been paid.
(5)
The Commissioner must provide a copy of a notice that is given in relation to any unpaid tax to a person under subsection (2) or (4) to the registered person, and the copy must be provided at the time the notice is given.
(5B)
Despite subsection (5), for a notice relating to an amount of wages or salary described in subsection (3), the Commissioner may dispense with the requirement to send a copy of the notice to the registered person if, after making reasonable inquiries, the Commissioner has, or can find, no valid address for the registered person.
(6)
Whenever, pursuant to a notice under this section, any deduction or extraction is made from any amount payable to any registered person, that registered person shall be entitled to receive from the debtor notification of the fact of the deduction or extraction and of the purpose for which it was made.
(7)
Any person making any deduction, extraction, or payment pursuant to a notice under this section shall be deemed to have been acting under the authority of the registered person to whom the notice relates and of all other persons concerned and is hereby indemnified in respect of such deduction, extraction, or payment.
(8)
The sum deducted or extracted from any amount pursuant to a notice under this section shall be deemed to be held in trust for the Crown, and, without prejudice to any other remedies against the debtor or any other person, shall be recoverable in the same manner in all respects as if it were tax payable by the debtor.
(9)
Where, in relation to any notice under this section and during any period, that period being,—
(a)
where a notice under subsection (2) requires any person, being a bank, to deduct or extract no more than 1 sum, the period that commences on the day on which the notice to the person is given and expires with the day on which the deduction or extraction is required to be made in compliance with the notice:
(b)
where a notice under subsection (2) requires any person, being a bank, to deduct or extract more than 1 sum, by way of instalment,—
(i)
in relation to the sum first required to be deducted or extracted in compliance with the notice, the period that commences on the day on which the notice to the person is given and expires with the day on which the deduction or extraction is so required to be made:
(ii)
in relation to each succeeding sum required to be deducted or extracted in compliance with the notice, the period that commences on the day immediately following the day on which the previous deduction or extraction (being the deduction or extraction that, in relation to that succeeding sum, was the deduction or extraction last required to be made therebefore) was required to be made in compliance with the notice and expires with the day on which that succeeding sum is so required to be deducted or extracted,—
any amount is, or becomes, an amount payable in relation to the registered person, that amount or, as the case may be, the aggregate of all such amounts shall, until the expiry of that period and to the extent of an amount that is equal to the amount of the sum that, in compliance with the notice, is required to be deducted or extracted, be deemed to be an amount held in trust for the Crown and, without prejudice to any other remedies against the debtor or any person, shall, if the deduction or extraction required to be made therefrom pursuant to the notice is not so made, be recoverable in the same manner in all respects as if it were tax payable by the debtor.
Section 43(1) amount payable paragraph (f): repealed, on 3 June 2017, by section 4(2) of the Statutes Repeal Act 2017 (2017 No 23).
Section 43(1) amount payable paragraph (g): repealed, on 3 June 2017, by section 4(2) of the Statutes Repeal Act 2017 (2017 No 23).
Section 43(1) bank paragraph (a): repealed (with effect on 1 July 1994), on 14 September 1994, by section 6 of the Goods and Services Tax Amendment Act 1994 (1994 No 77).
Section 43(1) bank paragraph (b): repealed (with effect on 1 July 1994), on 14 September 1994, by section 6 of the Goods and Services Tax Amendment Act 1994 (1994 No 77).
Section 43(1) bank paragraph (c): repealed (with effect on 1 July 1994), on 14 September 1994, by section 6 of the Goods and Services Tax Amendment Act 1994 (1994 No 77).
Section 43(1B): inserted, on 21 December 2010, by section 18 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 43(1C): inserted, on 21 December 2010, by section 18 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 43(2): amended, on 2 June 2016, by section 190(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 43(2): amended, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 10 of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 43(2A): inserted (with effect on 1 April 1997), on 23 September 1997, by section 114(1) of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).
Section 43(2B): inserted (with effect on 1 April 1997), on 23 September 1997, by section 114(1) of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).
Section 43(4): amended, on 2 June 2016, by section 190(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 43(5): replaced, on 2 June 2016, by section 190(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 43(5B): inserted, on 2 June 2016, by section 190(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 43(6): amended, on 2 June 2016, by section 190(4) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
44 Application of certain provisions of Income Tax Act 1976 relating to recovery procedures
[Repealed]Section 44: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 11 of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Part 7 Refunds and relief from tax
45 Refund of excess tax
(1)
Subject to this Part, and to Part 11 of the Tax Administration Act 1994, the Commissioner must refund an amount that a person has paid as tax if—
(a)
the Commissioner is satisfied that the amount represents an excess over the amount properly payable for a taxable period; and
(b)
the 4-year period referred to in section 108A of the Tax Administration Act 1994 has not ended.
(2)
Despite section 20(5), the Commissioner must refund an amount that a person has paid as tax if—
(a)
the Commissioner is satisfied that the person paid the amount as a result of an amendment to an assessment that increased the amount of tax payable by the registered person; and
(b)
the Commissioner is satisfied that the amount represents an excess over the amount properly payable for a taxable period; and
(c)
the 4-year period beginning from the end of the year in which the assessment was amended has not ended.
(3)
Despite section 20(5), the Commissioner must refund an amount to a person if—
(a)
[Repealed](b)
the person has received a refund under section 19C(8), 20(5) or 46; and
(c)
the Commissioner is satisfied that the person was entitled to receive the amount at the time of the refund but did not; and
(d)
the 4-year period beginning from the end of the year in which the refund was made has not ended.
(4)
The Commissioner may refund an overpayment of tax that is referred to in subsection (1), (2), or (3) after the end of the 4-year period referred to in the subsection, if—
(a)
the overpayment of tax is the result of a clear mistake or simple oversight of the person; and
(b)
the refund is made—
(i)
within the period of 4 years beginning from the end of the 4-year period referred to in the subsection:
(ii)
as a result of an application by or on behalf of the person that the Commissioner receives before or within the period of 4 years beginning from the end of the 4-year period referred to in the subsection.
Section 45: substituted, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 155(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 45(1)(a): amended (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(1) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(1)(b): amended (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(2) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(2)(a): amended (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(3) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(2)(b): amended (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(4) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(2)(c): amended (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(5) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(3): amended (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(6) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(3)(a): repealed (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(6) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(3)(c): substituted (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(7) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(3)(d): amended (with effect on 21 December 2004), on 21 June 2005 (applying for taxable periods beginning on or after 1 April 2005), by section 159(8) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 45(4): amended (with effect on 1 April 2005), on 30 March 2017 (applying for taxable periods beginning on or after 1 April 2005), by section 365(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
46 Commissioner’s right to withhold payments
(1)
Subject to this section, if the Commissioner is required to refund an amount to a registered person under section 19C(8) or section 20(5), the Commissioner shall refund the amount—
(a)
except when paragraph (b) applies, not later than 15 working days following the day on which the registered person’s return was received by the Commissioner; or
(b)
the day after the working day on which the Commissioner—
(i)
determines the amount is refundable, after first having—
(A)
investigated the circumstances of the return in accordance with subsection (2); or
(B)
reviewed the information requested in accordance with subsection (2); and
(ii)
is satisfied that the registered person has complied with the person’s tax obligations.
(1B)
For the purposes of subsections (1)(a), (4)(a), and (5), for a non-resident person who is registered under section 54B, the reference to a 15-day period is treated as a reference to a 90-day period following the day on which the registered person’s return was received by the Commissioner.
(2)
If the Commissioner is not satisfied with a return made by a registered person, the Commissioner—
(a)
may investigate the circumstances of the return:
(b)
may request the registered person to provide further information concerning the return.
(3)
If a registered person fails to provide a return for any taxable period as required by this Act, the Commissioner may withhold payment—
(a)
of any tax otherwise refundable under this Act or the Tax Administration Act 1994; or
(b)
of any interest payable under Part 7 of the Tax Administration Act 1994—
until the registered person complies with the requirement.
(4)
The Commissioner must give a request for information concerning a return under subsection (2)—
(a)
within a period of 15 working days following the day on which the return is received by the Commissioner (in the case of an initial request for information); and
(b)
within a period of 15 working days following the date of receipt of any information previously requested by the Commissioner (for subsequent requests for information).
(5)
The Commissioner must notify the registered person—
(a)
of the Commissioner’s intention to investigate the circumstances of the return under subsection (2); and
(b)
of the Commissioner’s intention to withhold payment under subsection (3)—
within 15 working days following the day on which the return is received by the Commissioner.
(6)
If, but for this subsection, a registered person would be entitled to an amount as a refund under section 19C(8) or 20(5) or 45 or 78B(5)(c) or under the Tax Administration Act 1994, or as a payment of interest under Part 7 of the Tax Administration Act 1994, the Commissioner may apply the amount, in accordance with a request under section 173T of the Tax Administration Act 1994 or in the absence of a request in such order or manner as the Commissioner may determine, in payment of—
(a)
tax that is payable by the person:
(b)
an amount that is payable by the person under another Inland Revenue Act.
(7)
If, but for this subsection, a person who is a specified agent of an incapacitated person, as those terms are defined in section 58(1), would be allowed an amount as a deduction under section 20(3) by virtue of section 58(1C), the Commissioner may apply the amount in payment of—
(a)
tax that is payable by the incapacitated person:
(b)
an amount that is payable by the incapacitated person under another Inland Revenue Act.
(8)
[Repealed](9)
[Repealed]Section 46: substituted, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 13(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 46(1B): inserted, on 1 April 2014, by section 136 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 46(1B): amended (with effect on 1 April 2014), on 30 June 2014, by section 194 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 46(6): substituted, on 25 November 2003 (applying to refunds, interest and deductions relating to supplies made in taxable periods beginning on or after 1 April 2002), by section 161(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 46(6): amended, on 20 May 2010, by section 51 of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 46(7): substituted, on 25 November 2003 (applying to refunds, interest and deductions relating to supplies made in taxable periods beginning on or after 1 April 2002), by section 161(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 46(8): repealed, on 25 November 2003 (applying to refunds, interest and deductions relating to supplies made in taxable periods beginning on or after 1 April 2002), by section 161(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 46(9): repealed, on 25 November 2003 (applying to refunds, interest and deductions relating to supplies made in taxable periods beginning on or after 1 April 2002), by section 161(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
47 Tax paid in excess may be credited towards tax payable when assessment re-opened
In any case where, upon the investigation by the Commissioner of the liability of a registered person for tax over a number of taxable periods,—
(a)
the Commissioner assesses the registered person with tax for any taxable period in respect of which no assessment has been made previously or alters an assessment for any taxable period so as to increase the amount thereof; and
(b)
in respect of any taxable period or taxable periods within that group of taxable periods tax has been paid in excess of the amount properly payable,—
the Commissioner may, in the Commissioner’s discretion and to the extent that in the opinion of the Commissioner is equitable, allow any amount so paid in excess to be credited towards satisfying the registered person’s liability to pay any tax payable for any taxable period or taxable periods, notwithstanding that the time limited for the making of a refund of any tax so paid in excess may have expired.
Section 47 heading: amended, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 14 of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Section 47: amended, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 14 of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
48 Power of Commissioner in respect of small amounts
[Repealed]Section 48: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 15 of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
48A Relief from tax where new start grant made
[Repealed]Section 48A: repealed, on 24 February 2016, by section 280 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
49 Relief from additional tax
[Repealed]Section 49: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 16 of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
50 Appropriation of refunds
[Repealed]Section 50: repealed, on 21 December 2004, by section 157 of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Part 8 Registration
51 Persons making supplies in course of taxable activity to be registered
(1)
Subject to this Act, every person who, on or after 1 October 1986, carries on any taxable activity and is not registered, becomes liable to be registered—
(a)
at the end of any month where the total value of supplies made in New Zealand in that month and the 11 months immediately preceding that month in the course of carrying on all taxable activities has exceeded $60,000 (or such larger amount as the Governor-General may, from time to time, by Order in Council declare):
provided that a person does not become liable to be registered by virtue of this paragraph where the Commissioner is satisfied that the value of those supplies in the period of 12 months beginning on the day after the last day of the period referred to in the said paragraph will not exceed that amount:
(b)
at the commencement of any month where there are reasonable grounds for believing that the total value of the supplies to be made in New Zealand in that month and the 11 months immediately following that month will exceed the amount specified in paragraph (a):
provided that any such person shall not become liable where the Commissioner is satisfied that that value will exceed that amount in that period solely as a consequence of—
(c)
any ending of, including a premature ending of, or any substantial and permanent reduction in the size or scale of, any taxable activity carried on by that person; or
(d)
the replacement of any plant or other capital asset used in any taxable activity carried on by that person; or
(e)
the supply, to persons who are non-residents but are physically present in New Zealand, of telecommunications services that are treated as being supplied in New Zealand under sections 8(6) and 8A.
(1B)
For the purposes of determining under subsection (1) the liability of a unit title body corporate to be registered, the value of a supply of a service made by the body corporate to a member is not included in the total value of supplies made in New Zealand by the body corporate.
(1C)
For the purposes of subsection (1), if the person is a non-resident supplier of remote services to which section 8(3)(c) applies, then in determining whether the person is liable to be registered, the person may use a fair and reasonable method of converting foreign currency amounts into New Zealand currency amounts.
(2)
Every person who, by virtue of subsection (1), becomes liable to be registered shall apply to the Commissioner in the prescribed form for registration under this Act, within 21 days of becoming so liable, and provide the Commissioner with such further particulars as the Commissioner may require for the purpose of registering that person.
(3)
Notwithstanding subsections (1) and (2), every person who satisfies the Commissioner that, on or after 1 October 1986,—
(a)
that person is carrying on any taxable activity; or
(b)
that person intends to carry on any taxable activity from a specified date,—
may apply to the Commissioner in the prescribed form for registration under this Act, and provide the Commissioner with such further particulars as the Commissioner may require for the purpose of registering that person.
(4)
Where any person has—
(a)
made application for registration pursuant to subsection (2), (3), or section 54B, and the Commissioner is satisfied that that person is eligible to be registered under this Act, that person shall be a registered person for the purposes of this Act with effect from such date as the Commissioner may determine; or
(b)
not made application for registration pursuant to subsection (2), and the Commissioner is satisfied that that person is liable to be registered under this Act, that person shall be a registered person for the purposes of this Act with effect from the date on which that person first became liable to be registered under this Act:
provided that the Commissioner may, having regard to the circumstances of the case, determine that person to be a registered person from such later date as the Commissioner considers equitable.
(5)
Notwithstanding anything in this Act, where any taxable activity is carried on by any non-profit body in branches or divisions, that non-profit body may apply to the Commissioner for any such branch or division to be a separate person for the purposes of this section, and if each such branch or division maintains an independent system of accounting and can be separately identified by reference to the nature of the activities carried on or the location of that branch or division, each such branch or division shall be deemed to be a separate person, and not a part of the non-profit body, and, where any such branch or division is a separate person pursuant to this subsection, any taxable activity carried on by that branch or division shall, to that extent, be deemed not to be carried on by the non-profit body first mentioned in this subsection.
(5B)
A unit title body corporate that is registered under this Act as a result of an application under subsection (3) made on a date (the application date) on or after the date of introduction of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Bill must be registered with effect from a date after the application date.
(6)
The provisions of this Act relating to the determination of the value of any supply of goods and services shall apply for the purposes of this section, with the modification that no regard shall be had to any tax charged in respect of any such supply.
(7)
An application for registration under this Act purporting to be made by or on behalf of any person shall for all purposes be deemed to have been made by that person or by that person’s authority, as the case may be, unless the contrary is proved.
Section 51(1)(a): amended, on 30 March 2009, by section 27 of the Taxation (Business Tax Measures) Act 2009 (2009 No 5).
Section 51(1)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 26(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 51(1)(b): amended (with effect on 3 December 1985), on 8 August 1986, by section 26(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 51(1)(c): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 109(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 51(1)(d): amended, on 1 July 2003, by section 160 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 51(1)(e): added, on 1 July 2003, by section 160 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 51(1)(e): amended, on 25 November 2003, by section 162 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 51(1B): inserted (with effect on 1 October 1986), on 24 February 2016, by section 281(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 51(1C): inserted, on 1 October 2016, by section 66 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 51(4)(a): amended, on 1 April 2014, by section 137 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 51(4)(b): amended, on 24 March 1988 (applying to every person who becomes liable to be registered under this Act on or after 24 March 1988), by section 15(1) of the Goods and Services Tax Amendment Act 1988 (1988 No 7).
Section 51(5): amended, on 2 June 2016, by section 191 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 51(5B): inserted (with effect on 26 February 2015), on 24 February 2016, by section 281(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 51(7): added, on 19 December 1989, by section 14 of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
51B Persons treated as registered
(1)
For the purposes of Parts 3 and 6, and of Part 9 of the Tax Administration Act 1994, the following are treated as registered persons:
(a)
a person who is not otherwise a registered person but who supplies goods or services, representing that tax is charged on the supply:
(b)
if goods are supplied by a sale to which section 5(2) applies,—
(i)
the person selling the goods, if the requirements of section 5(2)(a) and (b) are not met and subparagraph (ii) does not apply; or
(ii)
the person whose goods are sold, if the person provides to the person selling the goods a statement that does not meet the requirements of section 5(2)(a):
(c)
a person whose registration has been cancelled under section 52(5) with effect from the original date of registration:
(d)
a non-resident person referred to in section 54B(2).
(2)
If a person referred to in subsection (1) represents that tax is being charged on a supply that they make in a taxable period, the person is liable to pay the amount of the tax.
(3)
If a person is treated by subsection (1)(c) as being a registered person, the person is treated as being registered from the original date of registration to the date when the Commissioner cancels the registration.
(4)
For the purposes of this Act, in relation to a supply to which section 11(1)(mb) applies, a recipient who is treated as a supplier under section 5(23)—
(a)
is treated as registered from the date of the supply under section 5(23); and
(b)
must apply under section 51(2) to the Commissioner for registration.
(5)
A person who is treated as registered under subsection (4)(b) may ask the Commissioner to cancel their registration under section 52(2) once they have accounted for output tax as required under section 5(23).
(6)
For the purposes of subsection (5), section 5(3) does not apply if—
(a)
the person seeks cancellation of their registration by the end of the taxable period in which they have accounted for the output tax under section 5(23); or
(b)
the Commissioner so determines, on application by the person.
(7)
For the purposes of this Act, in relation to a supply of remote services to which section 8(3)(c) applies, a recipient who is treated as a supplier under section 5(27) is treated as registered from the date on which the services are physically performed.
Section 51B: inserted, on 21 December 2004 (applying for taxable periods beginning on or after 1 April 2005), by section 158(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 51B(1)(b): replaced, on 30 March 2017, by section 366 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 51B(1)(d): inserted, on 1 April 2014, by section 138 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 51B(4): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 19(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 51B(5): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 19(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 51B(6): added, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 19(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 51B(7): inserted, on 1 October 2016, by section 67 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
52 Cancellation of registration
(1)
Subject to this Act, every registered person who carries on any taxable activity shall cease to be liable to be registered where at any time the Commissioner is satisfied that the value of that person’s taxable supplies in the period of 12 months then beginning will be not more than the amount specified for the purposes of section 51(1).
(2)
Every person who, by virtue of subsection (1), ceases to be liable to be registered may request the Commissioner to cancel that person’s registration, and if the Commissioner is at any time satisfied, as mentioned in subsection (1), the Commissioner shall cancel that person’s registration with effect from the last day of the taxable period during which the Commissioner was so satisfied, or from such other date as may be determined by the Commissioner, and shall notify that person of the date on which the cancellation of the registration takes effect.
(3)
Every registered person who ceases to carry on all taxable activities shall inform the Commissioner of that fact within 21 days of the date of cessation and the Commissioner shall cancel the registration of any such person with effect from the last day of the taxable period during which all such taxable activities ceased, or from such other date as may be determined by the Commissioner:
provided that the Commissioner shall not at any time cancel the registration of any such registered person if there are reasonable grounds for believing that the registered person will carry on any taxable activity at any time within 12 months from that date of cessation.
(4)
Any information provided by a registered person to the Commissioner under subsection (3) must include the date on which the person ceased to carry on all taxable activities and whether or not the person intends to carry on any taxable activity within 12 months from that date.
(5)
Where the Commissioner is satisfied that a registered person is not carrying on a taxable activity the Commissioner may cancel that person’s registration with effect from the last day of the taxable period during which the Commissioner was so satisfied, or from such other date as may be determined by the Commissioner, and shall notify that person of the date on which the cancellation of the registration takes effect.
(5A)
Any date determined by the Commissioner for the cancellation of registration under subsection (5) may be retrospective to a date not earlier than—
(a)
the last day of the taxable period during which taxable activity by the person ceased; or
(b)
the date on which the person was registered under this Act, if the Commissioner is satisfied that the person did not, from that date, carry on any taxable activity.
(6)
[Repealed](7)
In subsections (5) and (5A), for a non-resident person who is not registered under section 54B, a taxable activity means a taxable activity carried on in New Zealand.
(8)
If a unit title body corporate is a registered person on the date of introduction of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Bill and the registration is later cancelled after an application under subsection (2), the cancellation must take effect on or after the date on which the unit title body corporate applies for cancellation of the registration.
(9)
If a unit title body corporate is registered under this Act with effect from a date (the registration date) after the date of introduction of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Bill and the registration is later cancelled after an application under subsection (2), the cancellation must take effect on or after the later of—
(a)
the date on which the unit title body corporate applies for cancellation of the registration:
(b)
the day that is 4 years after the registration date.
Section 52(1): amended, on 22 June 1987, by section 9 of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
Section 52(2): amended, on 2 June 2016, by section 193(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 52(3): amended, on 2 June 2016, by section 193(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 52(3): amended, on 25 November 2003, by section 163(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 52(3): amended (with effect on 3 December 1985), on 8 August 1986, by section 27(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 52(4): substituted, on 25 November 2003, by section 163(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 52(5): substituted, on 1 August 1990, by section 13 of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
Section 52(5A): inserted, on 1 August 1990, by section 13 of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
Section 52(6): repealed (with effect on 3 December 1985), on 8 August 1986, by section 27(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 52(7): added, on 21 June 2005 (applying to a person who becomes registered under this Act on or after 21 June 2005), by section 160(1) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
Section 52(7): amended, on 1 April 2014, by section 140 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 52(8): inserted (with effect on 26 February 2015), on 24 February 2016, by section 282 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section 52(9): inserted (with effect on 26 February 2015), on 24 February 2016, by section 282 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
53 Registered person to notify change of status
(1)
Subject to this Act, every registered person shall within 21 days notify the Commissioner of—
(a)
any change in the name, address, constitution, or nature of the principal taxable activity or activities of that registered person:
(b)
any change of address from which, or the name in which, any taxable activity is carried on by that registered person:
(c)
any change whereby that registered person ceases to satisfy the conditions of section 15(2):
(ca)
any change whereby that registered person now satisfies the conditions of either subparagraph (i) or subparagraph (ii) of subsection (4)(b) of section 15:
(cb)
any change whereby that registered person ceases to satisfy the conditions of section 19A, where the Commissioner has made a direction in respect of that registered person under that section:
(d)
any change where that registered person, being a member of a group within the meaning of section 55, ceases to be eligible to be a member of that group:
provided that paragraphs (a) to (cb) shall not apply to the notification of any changes in the ownership of any company.
(2)
Any registered person who wishes to change, or to adopt, any trading name used or to be used by the registered person for the purpose of issuing or creating tax invoices and credit and debit notes under this Act, shall notify the Commissioner of—
(a)
the new trading name; and
(b)
the date from which that new trading name is to be used by the person for the purposes of this Act.
Section 53(1): amended, on 2 June 2016, by section 194(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 53(1)(c): substituted (with effect on 17 March 1988), on 24 March 1988, by section 2(4) of the Goods and Services Tax Amendment Act (No 2) 1988 (1988 No 15).
Section 53(1)(c): amended (with effect on 1 October 2007), on 17 July 2013, by section 139 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 53(1)(c): amended, on 1 October 2007, by section 294 of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 53(1)(ca): inserted (with effect on 17 March 1988), on 24 March 1988, by section 2(4) of the Goods and Services Tax Amendment Act (No 2) 1988 (1988 No 15).
Section 53(1)(cb): inserted (with effect on 17 March 1988), on 24 March 1988, by section 2(4) of the Goods and Services Tax Amendment Act (No 2) 1988 (1988 No 15).
Section 53(1)(cb): amended, on 1 April 1991, by section 5(6) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 53(1) proviso: amended (with effect on 17 March 1988), on 24 March 1988, by section 2(5) of the Goods and Services Tax Amendment Act (No 2) 1988 (1988 No 15).
Section 53(2): added, on 13 March 1992, by section 9 of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 53(2): amended, on 2 June 2016, by section 194(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
54 Liabilities not affected by ceasing to be registered person
The obligations and liabilities under this Act of any person in respect of anything done, or omitted to be done, by that person while that person is a registered person shall not be affected by the fact that that person ceases to be a registered person, or by the fact that, being a registered person, the Commissioner cancels that person’s registration.
54B Requirements for registration for certain non-resident suppliers
(1)
Despite section 51(3), the Commissioner may register a person who is a non-resident and has not become liable to be registered under section 51(1) if the Commissioner is satisfied that the person meets the following requirements:
(a)
the person—
(i)
is registered for a consumption tax in the country or territory in which they are resident; or
(ii)
if the country or territory in which the person is resident does not have a consumption tax, or has a consumption tax that does not apply to the person’s activities, is carrying on a taxable activity, and has a level of taxable activity in a country or territory that would render them liable to be registered under section 51(1) if they were carrying out the taxable activity in New Zealand; and
(b)
for the first taxable period after the date of registration in New Zealand, the amount of the person’s input tax is likely to be more than $500 or the person is likely to be liable for tax levied under section 12(1) in relation to the importation of goods that are received by another person or that the person delivers to another person; and
(c)
the person’s taxable activity does not involve a performance of services in relation to which it is reasonably foreseeable that the performance of the services will be received in New Zealand by a person other than in the course of making taxable or exempt supplies; and
(d)
the person is not making, or intending to make,—
(i)
a taxable supply in New Zealand; or
(ii)
a supply in New Zealand that would be a taxable supply if the person were registered under section 51, to a person in New Zealand who is not a registered person; and
(e)
the person is not, and does not intend to become, a member of a group of companies that makes taxable supplies in New Zealand.
(2)
If a non-resident person who is registered under this section starts making taxable supplies, or becomes a member of a group of companies that is making taxable supplies, they are treated as registered on the date specified by the Commissioner under subsection (1), and not being registered under this section from the date on which they start making taxable supplies or the date on which they join the group, as applicable.
(3)
For timing purposes, the following days are treated as the end of a taxable period:
(a)
the day on which a person ceases to be eligible to be registered under this section:
(b)
the day on which a person who is otherwise registered becomes registered under this section.
(4)
Subsections (5) and (6) apply when a person—
(a)
is registered under section 51; and
(b)
has a branch or division; and
(c)
makes a taxable supply in New Zealand.
(5)
The person may be treated in relation to their branch or division as a separate person who may, if they meet the requirements of subsection (1), apply to the Commissioner for registration under this section.
(6)
In relation to the registration of the person, section 56(6) does not apply to require the person and the branch or division to have, between themselves, consistent practices for taxable periods and accounting bases.
Section 54B: inserted, on 1 April 2014, by section 141 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 54B heading: replaced, on 1 October 2016, by section 68 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 54B(1)(b): replaced, on 30 March 2017, by section 367(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 54B(1)(c): amended, on 30 March 2017, by section 367(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 54B(1)(d): replaced (with effect on 1 April 2014), on 30 March 2017, by section 367(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 54B(1)(e): inserted (with effect on 1 April 2014), on 30 March 2017, by section 367(3) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 54B(4): inserted (with effect on 1 April 2014), on 30 March 2017, by section 367(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 54B(5): inserted (with effect on 1 April 2014), on 30 March 2017, by section 367(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 54B(6): inserted (with effect on 1 April 2014), on 30 March 2017, by section 367(4) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
54C Cancellation of registration of certain non-residents
(1)
Section 52 applies to the cancellation of registration of a non-resident person registered under section 54B as modified by this section.
(2)
The Commissioner may, in addition to the powers provided under section 52(5) and (5A), cancel the person’s registration if—
(a)
the Commissioner is satisfied that the person no longer meets the requirements of section 54B(1)(a):
(b)
for 3 consecutive taxable periods, the person has either not filed a return or has filed a late return.
(3)
When a person’s registration is cancelled under subsection (2)(b),—
(a)
the effective date of the cancellation is the last day of the second period:
(b)
the person may not apply again for registration under section 54B until a period of 5 years has expired, starting on the date of cancellation, and this exclusion period also applies to a non-resident associate of the person.
Section 54C: inserted, on 1 April 2014, by section 141 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 54C heading: replaced, on 30 March 2017, by section 368 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 54C(3)(a): amended (with effect on 1 April 2014), on 30 June 2014, by section 195(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Section 54C(3)(b): amended (with effect on 1 April 2014), on 30 June 2014, by section 195(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
Part 9 Special cases
55 Group of companies
(1)
For the purposes of this Act, 2 or more companies (the companies) are eligible to be a group of companies at a time if,—
(a)
at the time and under section IC 3 of the Income Tax Act 2007, the companies—
(i)
are a group of companies:
(ii)
are part of a group of companies:
(iii)
would be a group of companies or part of a group of companies but for 1 or more of the companies being a multi-rate PIE or a look-through company:
(iv)
would be a group of companies or part of a group of companies but for 1 or more of the companies being a listed PIE; and
(b)
the companies,—
(i)
at the time, are each a registered person:
(ii)
in a 12-month period that includes the time, make a total value of taxable supplies to persons other than the companies that is at least 75% of the total value of all supplies made in that period by the companies to persons other than the companies.
(1B)
Despite subsections (1) and (4)(a), a person registered under section 54B may not apply to be a member of a group of companies or for a further company to be a member of a group of companies, if the resulting group would have both resident and non-resident persons as members.
(2)
Where 2 or more companies apply to be members of a group of companies for the purposes of this section, and the Commissioner is satisfied that they are eligible to be members of a group of companies pursuant to subsection (1), they shall be members of a group of companies from the beginning of such taxable period as is determined by the Commissioner.
(3)
In any application made under subsection (2) by 2 or more companies—
(a)
one of the companies shall be nominated to be the representative member; and
(b)
the company nominated under paragraph (a) must be a registered person.
(4)
Where any companies are members of a group of companies, the representative member nominated under subsection (3) may apply to the Commissioner for—
(a)
a further company eligible to be a member of that group of companies to be a member of that group of companies; or
(b)
one of the members of that group of companies to be excluded from that group of companies; or
(c)
another member of the group of companies to be nominated as the representative member, and the member nominated under subsection (3) to no longer be the representative member; or
(d)
that group of companies to no longer be a group of companies for the purposes of this section,—
and the Commissioner shall grant the application from the beginning of such taxable period as is determined by the Commissioner.
(4AA)
[Repealed](4A)
The appointment of a specified agent, as defined in section 58(1), does not affect the membership of a group of companies.
(5)
Where any member of a group of companies has ceased to be eligible to be a member of that group, and—
(a)
that member or the representative member of that group of companies notifies the Commissioner of that cessation pursuant to section 53(1)(d); or
(b)
the Commissioner is otherwise satisfied that any member of a group of companies has ceased to be so eligible,—
the Commissioner shall, by notice given to that member or that representative member, terminate that membership from such date as may be specified in the notice.
(6)
For the purposes of this Act, any notice served in accordance with this Act, which is addressed to the representative member of any group of companies shall be deemed to be served on that representative member and on all members of that group of companies.
(7)
Subject to subsection (7B), where any companies are a group of companies for the purposes of this section,—
(a)
any taxable activity carried on by a member of the group shall be deemed to be carried on by the representative member and not to be carried on by any other member of the group; and
(b)
all members of the group shall have the same taxable period pursuant to sections 15 to 15E and the same accounting basis pursuant to section 19 or section 19A; and
(c)
subject to paragraphs (db) and (dc), any taxable supply of goods and services by a member of the group to another member of the group may be disregarded; and
(d)
any other taxable supply of goods and services by a member of the group shall be deemed to be a taxable supply by the representative member; and
(da)
any supply of goods and services, other than a taxable supply, made by a member of the group, shall be deemed to be made by the representative member; and
(dab)
subject to paragraph (c), any supply of goods and services to a member of the group is a supply to the representative member; and
(db)
to the extent that goods and services acquired or produced or applied by any member of a group for the principal purpose of making taxable supplies are applied by the representative member of that group for a purpose other than that of making taxable supplies, that acquisition or production or application of those goods and services shall, for the purposes of section 21(1), be deemed to have been made by the representative member of that group; and
(dc)
to the extent that goods and services acquired or produced on or after 1 October 1986 by any member of a group other than for the principal purpose of making taxable supplies are applied by the representative member of that group for a purpose of making taxable supplies, that acquisition or production of those goods and services shall, for the purposes of section 21E, be deemed to have been made by the representative member of that group; and
(dd)
any statement or other information provided to a member of the group under section 78F shall be deemed to be provided to the representative member; and
(de)
any statement or other information provided by a member of the group under section 78F shall be deemed to be provided by the representative member; and
(e)
any input tax paid or payable by a member of the group shall be deemed to be paid or payable by the representative member; and
(f)
any obligation on any member of the group, other than the representative member, pursuant to section 16, shall be disregarded:
provided that—
(g)
a member of the group is liable jointly and severally with all other members of the group for all tax payable by the representative member for each taxable period, or part of a taxable period, in which the member is part of the group, even if the member is no longer part of the group or a representative member ceases to exist; and
(h)
the provisions of section 24, section 75, and Part 8 shall continue to apply to all such members of the group.
(7B)
Subsection (7), apart from paragraphs (b) and (e) to (h), does not apply to a group of companies in relation to a supply of services that is treated by section 8(4B) as being made in New Zealand.
(8)
If the members of a group of 2 or more registered persons include a person that is not a company or is a limited partnership and the Commissioner is satisfied in relation to the members of the group that—
(a)
one of them controls each of the others; or
(b)
one person controls all of them; or
(c)
2 or more persons carrying on a taxable activity in partnership control all of them,—
the Commissioner may deem those registered persons to be members of a group, and subsections (2) to (7) shall apply as if every reference in the said subsections to a group of companies were a reference to that group, and as if every reference in the said subsections (2) to (7) to companies were a reference to the members of the group.
Section 55(1): substituted (with effect on 1 October 2007), on 19 December 2007, by section 279(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 55(1)(a): amended, on 1 April 2008, by section 279(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 55(1)(a)(iii): amended (with effect on 1 April 2011), on 2 November 2012, by section 223(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 55(1)(a)(iv): added, on 29 August 2011, by section 242 of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 55(1B): inserted, on 1 April 2014, by section 142 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 55(3): substituted (with effect on 1 October 2001), on 18 December 2006, by section 218(3) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 55(4): amended, on 18 December 2006, by section 218(6)(b) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 55(4)(d): amended, on 18 December 2006, by section 218(6)(a) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 55(4AA): repealed, on 18 December 2006, by section 218(7) of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).
Section 55(4A): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 110(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 55(5): amended, on 2 June 2016, by section 195 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 55(5)(a): substituted, on 23 September 1997, by section 115 of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).
Section 55(7): amended, on 1 January 2005, by section 164(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(7)(b): amended, on 1 October 2007, by section 295 of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 55(7)(b): amended, on 1 April 1991, by section 5(7) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 55(7)(c): substituted, on 22 March 1989 (applying to supplies made on or after 22 March 1989), by section 10(1) of the Goods and Services Tax Amendment Act 1989 (1989 No 8).
Section 55(7)(d): amended, on 1 January 2005, by section 164(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(7)(da): inserted (with effect on 3 December 1985), on 8 August 1986, by section 29(3) of the Goods and Services Act Amendment Act 1986 (1986 No 43).
Section 55(7)(dab): inserted, on 1 January 2005, by section 164(3) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(7)(db): inserted, on 22 March 1989 (applying to supplies made on or after 22 March 1989), by section 10(2) of the Goods and Services Tax Amendment Act 1989 (1989 No 8).
Section 55(7)(db): amended, on 25 November 2003, by section 164(4)(a) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(7)(db): amended, on 25 November 2003, by section 164(4)(b) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(7)(db): amended, on 25 November 2003, by section 164(4)(c) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(7)(dc): inserted, on 22 March 1989 (applying to supplies made on or after 22 March 1989), by section 10(2) of the Goods and Services Tax Amendment Act 1989 (1989 No 8).
Section 55(7)(dc): amended, on 25 November 2003, by section 164(5) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(7)(dc): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 110(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 55(7)(dd): inserted (with effect on 1 April 2011), on 2 November 2012, by section 223(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 55(7)(de): inserted (with effect on 1 April 2011), on 2 November 2012, by section 223(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 55(7)(g): replaced, on 30 March 2017, by section 369(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 55(7B): inserted, on 1 January 2005, by section 164(6) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 55(8): amended, on 30 March 2017, by section 369(2) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 55(8)(c): amended, on 1 August 1990, by section 14 of the Goods and Services Tax Amendment Act 1990 (1990 No 64).
56 Branches and divisions
(1)
Where a taxable activity is carried on by any registered person in branches or divisions, that registered person may apply to the Commissioner for any such branch or division to be registered as a separate registered person for the purposes of this Act.
(2)
The Commissioner shall, upon application made pursuant to subsection (1), register any branch or division as a separate registered person if each such branch or division maintains an independent system of accounting and can be separately identified by reference to the nature of the activities carried on or the location of the branch or division, and where any such branch or division is so separately registered, any taxable activity carried on by that branch or division shall, to that extent, be deemed not to be carried on by the registered person first mentioned in subsection (1).
(3)
The registered person first mentioned in subsection (1) may, at any time, apply to the Commissioner for any branch or division separately registered under subsection (2) to cease to be so registered, and the Commissioner shall cancel that separate registration with effect from the last day of the taxable period of the branch or division during which that application was made, and any taxable activity carried on by that branch or division shall thereafter, to that extent, be deemed to be carried on by the registered person first mentioned in subsection (1).
(4)
The Commissioner shall cancel the separate registration of any branch or division on the cancellation of the registration of the registered person first mentioned in subsection (1).
(5)
Where any branch or division separately registered pursuant to this section makes default in doing anything required to be done under this Act, the liability for the doing of that thing shall revert to the registered person first mentioned in subsection (1).
(6)
Notwithstanding the foregoing provisions of this section, for the purposes of sections 15 to 15E, 19, and 19A this section shall be deemed not to have applied, and any placement or direction made pursuant to the said sections 15 to 15E, 19, and 19A in respect of the registered person first mentioned in subsection (1) shall, for the purposes of this Act, apply equally to each branch or division separately registered pursuant to this section.
Section 56(1): amended, on 2 June 2016, by section 196(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 56(3): amended, on 2 June 2016, by section 196(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 56(6): amended, on 1 October 2007, by section 296(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 56(6): amended, on 1 April 1991, by section 5(8) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 56(6): amended (with effect on 17 March 1988), on 24 March 1988, by section 2(7)(b) of the Goods and Services Tax Amendment Act (No 2) 1988 (1988 No 15).
56B Branches and divisions in relation to certain imported services
(1)
This section applies to a supply of services that is treated by section 8(4B) as being made in New Zealand, or in relation to which an output tax liability under section 20(3JC) arises.
(2)
If a person carries on activities both inside and outside New Zealand through branches or divisions—
(a)
each branch or division is treated as being a separate person; and
(b)
a branch or division inside New Zealand is treated as being a resident; and
(c)
a branch or division outside New Zealand is treated as being a non-resident; and
(d)
an activity carried on by a branch or division is treated as being carried on separately by the branch or division.
(3)
For the purpose of this section, a head office of a company is a branch or division of the company.
(4)
This section applies whether or not a branch or division of the person is registered under section 56.
Section 56B: inserted, on 1 January 2005, by section 165 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 56B(1): amended, on 1 October 2016, by section 70 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
57 Unincorporated bodies
(1)
[Repealed](2)
Where an unincorporated body that carries on any taxable activity is registered pursuant to this Act,—
(a)
the members of that body shall not themselves be registered or liable to be registered under this Act in relation to the carrying on of that taxable activity; and
(b)
any supply of goods and services made in the course of carrying on that taxable activity shall be deemed for the purposes of this Act to be supplied by that body, and shall be deemed not to be made by any member of that body; and
(c)
any supply of goods and services to, or acquisition of goods by, any member of that body acting in the capacity as a member of that body and in the course of carrying on that taxable activity, not being a supply to which paragraph (b) applies, shall be deemed for the purposes of this Act to be supplied to or acquired by that body, and shall be deemed not to be supplied to or acquired by that member; and
(d)
that registration shall be in the name of the body, or where that body is the trustees of a trust, in the name of the trust; and
(e)
subject to subsections (3) to (3B), any change of members of that body shall have no effect for the purposes of this Act.
(3)
Despite this section, a member is jointly and severally liable with other members for all tax payable by the unincorporated body during the taxable periods, or part of taxable periods as the case may be, the person is a member of the body, even if the person is no longer a member of the body.
(3A)
When an individual member dies, the member’s estate is severally liable in due course of administration for tax payable by the unincorporated body to the extent that it remains unpaid, whether or not the individual was a member on the date of their death.
(3B)
For the purpose of subsections (3) and (3A), a member does not stop being a member of the unincorporated body until the date on which the Commissioner is notified of a change in membership of the body.
(4)
For the purposes of this Act, any notice served in accordance with this Act which is addressed to an unincorporated body by the name in which it is registered pursuant to this Act, shall be deemed to be served on that body and on all members of that body.
(5)
Subject to subsection (6), where anything is required to be done pursuant to this Act by or on behalf of an unincorporated body, it shall be the joint and several liability of all the members to do any such thing:
provided that any such thing done by 1 member shall be sufficient compliance with any such requirement.
(6)
Notwithstanding anything in this section, but subject to subsections (3) to (3B), where anything is required to be done pursuant to this Act by or on behalf of an unincorporated body, not being a partnership, joint venture, or trustees of a trust, the affairs of which are managed by its members or a committee or committees of its members, it shall be the joint and several responsibility of—
(a)
every member holding office as president, chairman, treasurer, secretary, or any similar office; or
(b)
in default of any such member, every member holding office as a member of a committee:
provided that if it is done by any official or committee member, referred to in paragraph (a) or paragraph (b), that shall be sufficient compliance with any such requirement.
Section 57(1): repealed, on 10 October 2000 (applying on 10 October 2000), by section 111(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(2): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 111(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(2)(e): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 111(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(3): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 111(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(3A): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 111(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(3B): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 111(4) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(3B): amended, on 2 June 2016, by section 197 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 57(4): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 111(5) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(5): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 111(6) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(6): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 111(6) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(6): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 111(7) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 57(6): amended (with effect on 3 December 1985), on 8 August 1986, by section 30 of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
58 Personal representative, liquidator, receiver, etc
(1)
In this section and sections 46 and 55—
agency period means the period beginning on the date on which a person becomes entitled to act as a specified agent carrying on a taxable activity in relation to an incapacitated person and ending on the earlier of—
(a)
the date on which some person other than the incapacitated person or the specified agent is registered in respect of the taxable activity; or
(b)
the date on which there is no longer a person acting as a specified agent in relation to the incapacitated person
incapacitated person means a registered person who dies, or goes into liquidation or receivership, or becomes bankrupt or incapacitated
specified agent means a person carrying on any taxable activity in a capacity as personal representative, liquidator, or receiver of an incapacitated person, or otherwise as agent for or on behalf of or in the stead of an incapacitated person.
(1A)
Despite sections 5(2) and 60, a person who becomes a specified agent is treated as being a registered person carrying on the taxable activity of the incapacitated person during the agency period, and the incapacitated person is not treated as carrying on the taxable activity during the period.
(1B)
If a person becomes a specified agent and has been appointed to carry on part of the incapacitated person’s taxable activity only, subsection (1A) applies only to the part of the taxable activity the person has been appointed to carry on.
(1C)
Subject to section 46(7), a specified agent may deduct an amount under section 20(3) relating to supplies made before the agency period if the incapacitated person is entitled to, and has not previously deducted, the amount.
(1D)
A specified agent is not personally liable for any liabilities incurred under this Act by the incapacitated person on or before the date the agency period starts.
(2)
Where a mortgagee is in possession of any land or other property previously mortgaged by the mortgagor, being a registered person, the Commissioner may, from the date on which the mortgagee took possession of that land or other property, until such time as the mortgagee ceases to be in possession of that land or other property, deem the mortgagee, in any case where and to the extent that the mortgagee carries on any taxable activity of the mortgagor, to be a registered person.
(3)
Any person who becomes a specified agent, or who as a mortgagee in possession carries on any taxable activity of the mortgagor, shall, within 21 days of becoming a specified agent or commencing that taxable activity of the mortgagor, notify the Commissioner of that fact and of the date of the death or of the liquidation or receivership or bankruptcy or mortgagee taking possession of any land or other property previously mortgaged by the mortgagor, or of the nature of the incapacity and the date on which it began.
Section 58(1): substituted, on 14 December 1992, by section 11(1) of the Goods and Services Tax Amendment Act (No 2) 1992 (1992 No 116).
Section 58(1): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 112(1)(a) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 58(1) agency period paragraph (b): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(1)(b) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 58(1A): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 58(1B): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 58(1C): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 58(1C): amended, on 25 November 2003 (applying to deductions relating to supplies made in taxable periods beginning on or after 1 April 2002), by section 166(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 58(1D): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 58(3): amended, on 2 June 2016, by section 198 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 58(3): amended, on 14 December 1992, by section 11(2) of the Goods and Services Tax Amendment Act (No 2) 1992 (1992 No 116).
59 Liability of agent of absentee principal for returns and tax
(1)
For the purposes of this section, the term absentee means—
(a)
any person, not being a company, who is for the time being out of New Zealand:
(b)
any company, not being a company incorporated in New Zealand, unless it has a fixed or permanent place in New Zealand relating to the carrying on of any taxable activity in New Zealand in its own name:
(c)
any company, not being a company incorporated in New Zealand, which is declared by the Commissioner to be an absentee for the purposes of this Act by notice given to that company or to its agent or attorney in New Zealand, so long as that declaration remains unrevoked.
(2)
Every person who in New Zealand carries on any taxable activity for and on behalf of a principal who is an absentee shall, for the purposes of this Act, be the agent of that principal in respect of that taxable activity so carried on in New Zealand by means of that agent, and the agent shall make returns and be liable for any tax charged or levied under this Act.
60 Agents and auctioneers
(1)
Subject to this section, for the purposes of this Act, where an agent makes a supply of goods and services for and on behalf of any other person who is the principal of that agent, that supply shall be deemed to be made by that principal and not by that agent:
provided that, where that supply is a taxable supply, that agent, being a registered person, may, notwithstanding anything in this Act, issue a tax invoice or a credit note or a debit note in relation to that supply as if that agent had made a taxable supply, and to the extent that that tax invoice or credit note or debit note relates to that supply, that principal shall not also issue, as the case may be, a tax invoice or a credit note or a debit note.
(1A)
Despite subsection (1), subsection (1AB) applies to an agent who—
(a)
is resident in New Zealand; and
(b)
makes supplies of remote services to a person resident in New Zealand for and on behalf of a non-resident principal.
(1AB)
The principal and the agent may agree that the agent, and not the principal, is treated as making the supply in the course and furtherance of a taxable activity carried on by them.
(1B)
Despite subsection (1), when a principal and their agent agree, and record their agreement in a document, either in relation to a particular supply or for a type of supply, that this subsection applies to a supply of goods or services, the supply is treated for the purposes of the Act as 2 separate supplies, being—
(a)
a supply of goods and services from the principal to the agent; and
(b)
a supply of those goods and services from the agent to the recipient, treating the agent as if they were the principal for the purpose of the supply.
(1C)
For the purposes of sections 60C and 60D, an operator of a marketplace and a resident supplier who makes supplies of services to recipients through the marketplace may treat a supply as 2 separate supplies, being—
(a)
a supply of services from the underlying supplier to the operator of the marketplace; and
(b)
a supply of those services from the operator of the marketplace to the recipient, treating the operator as if they were the underlying supplier of the services.
(2)
Subject to this section, for the purposes of this Act, where any registered person makes a taxable supply of goods and services to an agent who is acting on behalf of another person who is the principal for the purposes of that supply, that supply shall be deemed to be made to that principal and not to that agent:
provided that that agent may nevertheless request that that agent be issued with a tax invoice and that registered person may issue a tax invoice or a credit note or a debit note as if the supply were made to that agent.
(2B)
Despite subsection (2), when a principal and their agent agree, and record their agreement in a document, either in relation to a particular supply or for a type of supply, that this subsection applies to a supply of goods or services, the supply by a person is treated for the purposes of the Act as 2 separate supplies, being—
(a)
a supply of goods and services from the person to the agent, treating the agent as if they were the principal for the purpose of the supply; and
(b)
a supply of those goods and services from the agent to the principal.
(3)
Where a tax invoice or a credit note or a debit note in relation to a supply has been issued—
(a)
by an agent pursuant to subsection (1); or
(b)
to an agent pursuant to subsection (2),—
the agent shall maintain sufficient records to enable the name and address and registration number (if any) of the principal to be ascertained.
(4)
For the purposes of subsection (5), the expression auctioneer means a registered person carrying on a taxable activity which comprises or includes the supply by auction of goods as an auctioneer or agent for or on behalf of another person (hereafter in this section referred to as a principal).
(5)
Notwithstanding anything in the foregoing provisions of this section, where the principal and the auctioneer agree to have a supply by auction of any goods, not being a taxable supply, treated as if that supply had been made by that auctioneer and not by that principal, that supply shall be charged with tax as if it were made by that auctioneer in the course or furtherance of that auctioneer’s taxable activity and that auctioneer may—
(a)
recover the amount of tax charged on that supply from that principal as a debt together with the costs of recovery in any court of competent jurisdiction; or
(b)
retain or deduct the same out of any money in that auctioneer’s hands belonging or payable to that principal.
(6)
Notwithstanding anything in subsection (2), where any registered person makes a taxable supply (not being a supply that is charged with tax at the rate of 0% pursuant to section 11, 11A, 11AB or 11B) of goods and services to an agent, being a registered person, who is acting for or on behalf of another person who is the principal for the purposes of that supply, and—
(a)
that principal is a non-resident and is not a registered person; and
(b)
that supply is directly in connection with either the exportation, or the arranging thereof, of goods from New Zealand to any country or place outside New Zealand, or the importation, or the arranging thereof, of goods to New Zealand from any country or place outside New Zealand, including, in either case, the transportation of those goods within New Zealand as part of that exportation or, as the case may be, importation,—
this Act shall, where that agent and that principal agree, have effect as if that supply were made to that agent and not to that principal.
(7)
Despite subsection (1), a supply of goods, being goods to which section 12(1) applies, that have been imported by an agent who is acting for and on behalf of the principal, is treated as being a supply made by the agent and not by the principal if—
(a)
the principal is a non-resident and is not a registered person; and
(b)
the agent is a resident and is a registered person at the time the goods are imported; and
(c)
the principal and agent agree that the supply was made by the agent and not by the principal.
Section 60(1): substituted (with effect on 3 December 1985), on 8 August 1986, by section 31(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 60(1A): inserted, on 1 October 2016, by section 71(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 60(1AB): inserted, on 1 October 2016, by section 71(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 60(1B): inserted, on 17 July 2013, by section 143 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 60(1B): amended, on 2 June 2016, by section 199 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 60(1C): inserted, on 1 October 2016, by section 71(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 60(2) proviso: amended (with effect on 3 December 1985), on 8 August 1986, by section 31(2)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 60(2B): inserted, on 30 March 2017, by section 370 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 60(3): amended (with effect on 3 December 1985), on 8 August 1986, by section 31(2)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 60(6): added (with effect on 3 December 1985), on 8 August 1986, by section 31(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 60(6): amended, on 1 July 2003, by section 161 of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 60(6): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 113(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 60(6)(a): amended, on 25 November 2003, by section 167(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 60(7): added, on 10 October 2000 (applying on and after 10 October 2000), by section 113(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 60(7)(a): amended, on 25 November 2003, by section 167(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 60(7)(b): amended, on 25 November 2003, by section 167(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
60B Nominated recipients of supplies
(1)
This section applies when a person (person A) enters into a contract to supply goods and services to another person (person B), and person B directs person A to provide the goods and services to a nominated person (person C) who is not party to the contract.
(2)
If person B pays the full consideration for the supply, the supply is treated as a supply from person A to person B and the existence of person C is ignored.
(3)
If person C pays the full consideration for the supply, the supply is treated as a supply from person A to person C and the existence of person B is ignored.
(4)
If person B and person C each pay part of the consideration for the supply, the supply is treated as a supply from person A to person B. However, person B and person C may agree, recording their agreement in a document, that the supply is to be treated as a supply made to person C, but no such agreement can be made if person B has claimed input tax in relation to the supply.
(5)
[Repealed](6)
Despite subsections (2) to (4), for a supply that wholly or partly consists of land, the supply is treated as made by person A to person C.
(7)
Section 60 overrides this section.
Section 60B: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 20(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 60B(4): amended, on 2 June 2016, by section 200 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 60B(5): repealed (with effect on 1 April 2011), on 2 November 2012, by section 224(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 60B(6): amended (with effect on 1 April 2011), on 2 November 2012, by section 224(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
60C Electronic marketplaces
(1)
Subsection (2) applies when—
(a)
a supply of remote services is made through an electronic marketplace; and
(b)
the marketplace is operated by a non-resident person; and
(c)
the supply is made to a person resident in New Zealand.
(2)
The operator of the marketplace is treated as making the supply in the course or furtherance of a taxable activity. But this subsection does not apply if—
(a)
the documentation provided to the recipient identifies the supply as made by the underlying supplier and not the marketplace; and
(b)
the underlying supplier and the operator of the marketplace have agreed that the supplier is liable for the payment of tax; and
(c)
the marketplace does not—
(i)
authorise the charge to the recipient; or
(ii)
authorise the delivery of the supply to the recipient; or
(iii)
set the terms and conditions under which the supply is made.
(3)
If, in relation to a single supply of remote services, more than 1 operator of an electronic marketplace is liable for tax on the supply, the first operator that authorises a charge or receives consideration for the supply is treated as making the supply. If no operator exists that meets this requirement, the first operator that authorises delivery of the supply is treated as making the supply.
(4)
This section overrides section 60(1).
Section 60C: inserted, on 1 October 2016, by section 72 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
60D Approved marketplaces
(1)
This section applies when—
(a)
a supply of remote services is made through a marketplace other than an electronic marketplace; and
(b)
the marketplace is operated by a non-resident person; and
(c)
the supply is made to a person resident in New Zealand.
(2)
On application by the operator of the marketplace, the Commissioner may agree to treat the operator, and not the underlying supplier, as making the supply in the course or furtherance of a taxable activity.
(3)
In the exercise of the discretion referred to in subsection (2), the Commissioner may take into account the following:
(a)
whether the marketplace is best placed to determine whether the recipient of the supply of remote services—
(i)
is resident in New Zealand:
(ii)
is a registered person:
(b)
whether the number of underlying suppliers to the marketplace means that return requirements are better satisfied by the marketplace rather than the individual underlying suppliers.
(4)
This section overrides section 60(1).
Section 60D: inserted, on 1 October 2016, by section 72 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
61 Liability for tax payable by company left with insufficient assets
Section HD 15 of the Income Tax Act 2007, with any necessary modifications, applies for the purpose of this Act as if the terms income tax or tax read goods and services tax and as if the term time bar referred to the time bar under section 108A of the Tax Administration Act 1994.
Section 61: substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 114(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 61: amended, on 30 March 2017, by section 371 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
Section 61: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
61A Company amalgamations
(1)
For the purposes of this section, the terms amalgamated company, amalgamating company, and amalgamation have the same meanings as in section YA 1 of the Income Tax Act 2007.
(2)
In any case where—
(a)
an amalgamation occurs; and
(b)
either—
(i)
the amalgamated company is a registered person immediately after the amalgamation; or
(ii)
an amalgamating company is not a registered person immediately before the amalgamation; and
(c)
the amalgamated company acquires in the course of the amalgamation any goods and services of the amalgamating company,—
then for the purposes of this Act—
(d)
the amalgamating company shall be deemed not to have made a supply of those goods and services; and
(e)
except to the extent to which paragraph (f) applies, the amalgamated company shall be deemed not to have paid or provided any consideration for the acquisition of those goods and services; and
(f)
sections 21 to 21H shall apply as if the amalgamated company had acquired those goods and services—
(i)
at the same time; and
(ii)
with the same purposes; and
(iii)
for the same cost,—
as the amalgamating company.
(3)
In any case where—
(a)
an amalgamation occurs; and
(b)
the amalgamated company is not a registered person immediately after the amalgamation; and
(c)
an amalgamating company is a registered person immediately before the amalgamation; and
(d)
the amalgamated company acquires in the course of the amalgamation any goods and services of the amalgamating company,—
then for the purposes of this Act the goods and services shall be deemed to have been supplied by the amalgamating company, and acquired by the amalgamated company, for a consideration equal to the open market value of the goods and services at the date of the amalgamation.
(4)
Where—
(a)
an amalgamating company ceases to exist on an amalgamation; and
(b)
but for this subsection, section 21I(3) or 21I(4) would deem the amalgamating company to make a supply on a date after the amalgamation,—
then for the purposes of this Act the supply shall be deemed to be made by the amalgamated company (as if, in any case where the amalgamated company is not at that date a registered person, the amalgamated company were a registered person), and not by the amalgamating company, on that date.
(5)
Where—
(a)
an amalgamating company ceases to exist on an amalgamation; and
(b)
if the amalgamated company were the same person as the amalgamating company, a deduction would have been available to, or tax would have been charged to, the amalgamated company under section 26,—
the deduction shall be available to, or tax will be charged to, the amalgamated company.
(6)
Where an amalgamating company ceases to exist on an amalgamation, section 51(1)(a) shall apply as if all supplies made by the amalgamating company had been made by the amalgamated company.
Section 61A: inserted (with effect on 1 July 1994), on 14 September 1994, by section 8 of the Goods and Services Tax Amendment Act 1994 (1994 No 77).
Section 61A(1): substituted, on 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 61A(1): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 61A(2)(f): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 115(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 61A(4)(b): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 115(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
61B Application of Part 9 of Tax Administration Act 1994
[Repealed]Section 61B: repealed, on 21 December 2004, by section 159 of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Part 10 Penalties
[Repealed]Part 10: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
62 Offences
[Repealed]Section 62: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
63 Officers and employees of corporate bodies
[Repealed]Section 63: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
64 Proceedings to be taken summarily
[Repealed]Section 64: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
65 Information may charge several offences
[Repealed]Section 65: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
66 Information may be laid within 10 years
[Repealed]Section 66: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
67 Penal tax in case of evasion
[Repealed]Section 67: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
68 Nature of penal tax
[Repealed]Section 68: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
69 Assessment of penal tax
[Repealed]Section 69: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
70 Objections to penal tax
[Repealed]Section 70: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
71 Recovery of penal tax
[Repealed]Section 71: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
72 Recovery of penal tax from executors or administrators
[Repealed]Section 72: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
73 Recovery of penal tax not affected by conviction of registered person
[Repealed]Section 73: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
74 Publication of names of tax evaders
[Repealed]Section 74: repealed, on 26 July 1996 (applying with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997 (unless necessary for the enforcement of other provisions in this Act)), by section 19(1) of the Goods and Services Tax Amendment Act 1996 (1996 No 59).
Part 11 General provisions
75 Keeping of records
(1)
For the purposes of this section, the term records includes books of account (whether contained in a manual, mechanical, or electronic format) recording receipts or payments or income or expenditure, and also includes vouchers, bank statements, invoices, tax invoices, credit notes, debit notes, receipts, and such other documents as are necessary to verify the entries in any such books of account.
(2)
Without limiting the generality of subsection (1), the records required to be kept and retained, pursuant to subsection (3), shall contain—
(a)
a record of all goods and services supplied by or to that registered person showing the goods and services, and the suppliers or their agents, in sufficient detail to enable the goods and services, the suppliers, or the agents to be readily identified by the Commissioner, and all invoices, tax invoices, credit notes, and debit notes relating thereto; and
(b)
the charts and codes of account, the accounting instruction manuals, and the system and programme documentation which describes the accounting system used in each taxable period in the supply of goods and services; and
(c)
any list required to be prepared in accordance with section 19B(3) or section 78B(7).
(3)
Subject to subsections (4) to (7), every registered person must keep, for a period of at least 7 years after the end of the taxable period to which they relate, the records listed in subsection (2) and records that are sufficient to enable ready ascertainment by the Commissioner or an officer authorised by the Commissioner of the registered person’s liability to tax.
(3BA)
A registered person required by subsection (3) to keep and retain a record must keep and retain the record—
(a)
in English, or in a language in which the Commissioner authorises the person under subsection (6) to keep the record or the type of record; and
(b)
at a place in New Zealand, or at a place outside New Zealand where—
(i)
the Commissioner authorises the registered person under subsection (6) to keep the record or the type of record:
(ii)
the record is kept by a person authorised by the Commissioner under subsection (6) to keep records for persons that include the registered person.
(3B)
For the purposes of section 11(1)(mb), the supplier must maintain sufficient records to enable the following particulars in relation to the supply to be ascertained:
(a)
the name and address of the recipient; and
(b)
the registration number of the recipient; and
(c)
a description of the land; and
(d)
the consideration for the supply.
(3C)
Subsections (3D) and (3E) apply when a supply that wholly or partly consists of land is made to a person who is, for the purposes of the supply, an agent acting on behalf of an undisclosed principal.
(3D)
The requirements of subsection (3B)(a) and (b) are met if the supplier maintains sufficient records to enable the particulars of the name, and address, and registration number or tax file number, as applicable of the agent to be ascertained.
(3E)
The agent must maintain sufficient records in relation to the undisclosed principal to enable the name, address, and, if the principal is a registered person or expects to be a registered person, the registration number of the principal to be ascertained.
(3F)
Subsection (3BA) does not apply to require a non-resident supplier whose only supplies are supplies of remote services to which section 8(3)(c) applies, to keep and retain records—
(a)
in English or in a language authorised by the Commissioner; or
(b)
at a place in New Zealand or at a place outside New Zealand authorised by the Commissioner.
(4)
This section shall not require the retention of any records—
(a)
in respect of which the Commissioner has given notice that retention is not required:
(b)
of a company which has been liquidated.
(5)
The Commissioner may, by notice given before the expiry of the 7-year retention period specified in subsection (3), require a registered person to retain the records specified in that subsection for a further period not exceeding 3 years following the expiry of the 7-year period where—
(a)
the affairs of the registered person are or have been under audit or investigation by the Commissioner; or
(b)
the Commissioner intends to conduct such an audit or investigation before the expiry of the retention period as so extended, or is actively considering any such audit or investigation.
(6)
The Commissioner may, upon application by a registered person or another person, authorise for the purposes of subsection (3BA),—
(a)
a registered person to keep and retain a record or a type of record—
(i)
in a language other than English:
(ii)
at a place outside New Zealand:
(b)
a person to hold, for a registered person, records—
(i)
at places outside New Zealand; and
(ii)
in a form approved by the Commissioner; and
(iii)
accessible by the Commissioner in a way approved by the Commissioner.
(7)
The Commissioner may, for an authorisation under subsection (6) of a person,—
(a)
impose reasonable conditions on the authorisation:
(b)
reasonably vary the conditions on the authorisation:
(c)
withdraw the authorisation, upon request by the person or after giving reasonable notice of the withdrawal:
(d)
give public notice of an action under subsection (6)(b) or this subsection, in a publication chosen by the Commissioner.
Section 75(2)(c): amended, on 1 April 1991, by section 5(9) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 75(2)(c): amended, on 28 July 1988, by section 4(2) of the Goods and Services Tax Amendment Act (No 3) 1988 (1988 No 125).
Section 75(3): replaced (with effect on 2 November 2012), on 17 July 2013, by section 144(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 75(3BA): inserted (with effect on 2 November 2012), on 17 July 2013, by section 144(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 75(3B): inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 21(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 75(3B)(c): amended (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 243(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 75(3C): inserted (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 243(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 75(3D): inserted (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 243(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 75(3D): amended (with effect on 1 April 2011), on 2 November 2012, by section 225(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 75(3E): inserted (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 243(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 75(3E): amended (with effect on 1 April 2011), on 2 November 2012, by section 225(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 75(3F): inserted, on 1 October 2016, by section 73 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
Section 75(4)(a): amended, on 2 June 2016, by section 201(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 75(4)(b): amended (with effect on 1 July 1994), on 14 September 1994, by section 9 of the Goods and Services Amendment Act 1994 (1994 No 77).
Section 75(5): added, on 1 April 1992, by section 10(2) of the Goods and Services Tax Amendment Act 1992 (1992 No 2).
Section 75(5): amended, on 2 June 2016, by section 201(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 75(6): inserted (with effect on 2 November 2012), on 17 July 2013, by section 144(3) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Section 75(6): amended, on 2 June 2016, by section 201(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 75(7): inserted (with effect on 2 November 2012), on 17 July 2013, by section 144(3) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
75B General rules for giving information or communicating matters
(1)
Sections 14 to 14G of the Tax Administration Act 1994 apply for the purposes of this Act, unless the context requires otherwise, when a person gives information to, or communicates with, another person by—
(a)
asking or requesting:
(b)
informing:
(c)
applying:
(d)
notifying:
(e)
formally notifying.
(2)
Section 14E of that Act describes the ways in which specific provisions may override the general rules.
(3)
Sections 14F and 14G of that Act set out the options available for communicating by personal delivery, post, fax, or electronic means.
Section 75B: inserted, on 2 June 2016, by section 202 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
76 Avoidance
(1)
A tax avoidance arrangement entered into by a person is void against the Commissioner for tax purposes.
(2)
A tax avoidance arrangement is one that directly or indirectly—
(a)
has tax avoidance as its purpose or effect; or
(b)
has tax avoidance as one of its purposes or effects, whether or not another purpose or effect relates to ordinary business or family dealings, if the purpose or effect is not merely incidental.
(3)
If a tax avoidance arrangement is void against the Commissioner, the Commissioner may adjust the amount of tax payable by, or the amount of tax refundable to, a registered person affected by the arrangement, whether or not the registered person is a party to the arrangement, in the manner the Commissioner considers appropriate to counteract any tax advantage obtained by the registered person from or under the arrangement.
(4)
For the purpose of subsection (3), the Commissioner may, in addition to any other treatment the Commissioner considers appropriate, treat—
(a)
a person who is not a registered person and who is a party to or has participated in an arrangement as being a registered person:
(b)
a supply of goods and services, whether or not a taxable supply, that is affected by or is part of an arrangement as being made to or by a registered person:
(c)
a supply of goods and services as occurring in a taxable period that, but for an arrangement affected by this section, would have occurred in the taxable period in which the supply was made:
(d)
a supply of goods and services as having been made, or consideration for the supply as having been given, at open market value.
(5)
Subsection (6) applies if—
(a)
a person (person A) enters into an arrangement on or after 22 August 1985 whereby a taxable activity formerly carried on by person A is carried on, in whole or in part, by another person (person B) or other persons; and
(b)
either—
(i)
person A and person B are associated persons; or
(ii)
person A and the other persons are associated persons.
(6)
For the purpose of sections 15(3), 15(4), 19A(1) and 51(1), the value of the supplies made in the course of carrying on all taxable activities in a 12-month period starting on the first day of any month by person A and person B or person A and the other persons is, to the extent that the value relates to supplies arising from the taxable activity formerly carried on by person A, each to be treated as being equal to the aggregate of the value of the taxable supplies made by all persons for that period.
(7)
The Commissioner may, having regard to the circumstances of the case and if the Commissioner considers it equitable to do so, determine that subsection (6) does not apply to person A, person B or the other persons.
(8)
For the purpose of this section—
arrangement means a contract, agreement, plan or understanding, whether enforceable or unenforceable, including all steps and transactions by which it is carried into effect
tax avoidance includes—
(a)
a reduction in the liability of a registered person to pay tax:
(b)
a postponement in the liability of a registered person to pay tax:
(c)
an increase in the entitlement of a registered person to a refund of tax:
(d)
an earlier entitlement of a registered person to a refund of tax:
(e)
a reduction in the total consideration payable by a person for a supply of goods and services.
Section 76: substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 116(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
77 New Zealand or foreign currency
(1)
All amounts of money must, for the purposes of this Act, be expressed in terms of New Zealand currency, and in any case where and to the extent that any such amount is consideration in money for a supply, that amount must be expressed in terms of New Zealand currency as at the time of that supply.
(2)
Despite subsection (1), a non-resident supplier of remote services to which section 8(3)(c) applies may choose to express the amount of consideration in money for their supplies in a foreign currency as at the time of supply.
(3)
A non-resident supplier which makes an election under subsection (2) must, in a return, choose to convert foreign currency amounts into New Zealand currency amounts on—
(a)
the last day of the relevant taxable period; or
(b)
the earlier of—
(i)
the date the supplier files their return for the relevant period:
(ii)
the due date for filing their return for the relevant period; or
(c)
another date agreed between the supplier and the Commissioner.
(4)
A non-resident supplier may not revoke an election under subsection (2) or (3) until at least 24 months after making the election, unless the Commissioner agrees otherwise.
Section 77: replaced, on 1 October 2016, by section 74 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
78 Effect of imposition or alteration of tax
(1)
For the purposes of this section the expression alteration in the law means the coming into force of the provisions of this Act or any amendment to this Act by which—
(a)
a supply of goods and services is charged with, or exempted from, tax; or
(b)
the rate of tax in relation to a supply of goods and services is increased or reduced.
(2)
Where an alteration in the law is made and a supplier has, at any time entered into any agreement or contract in respect of the supply of goods and services with a recipient, unless express provision for the exclusion of any such alteration in the law is contained in the agreement or contract, every such agreement or contract shall be deemed to be modified as follows:
(a)
where the alteration in the law renders that supply liable to be charged with tax or increases the amount of any tax charged or chargeable in relation to that supply, the supplier may add to the agreed price in the said agreement or contract the amount of that tax or the increase of that tax; or
(b)
where the alteration in the law renders that supply exempt from tax or reduces the amount of tax charged or chargeable in relation to that supply, the supplier or the recipient may deduct from the agreed price in the said agreement or contract the amount of that tax or the reduction of that tax:
provided that this subsection shall not apply where that contract or agreement is entered into after the expiry of the period of 3 months that commences with the coming into force of the alteration in the law:
provided further that this subsection shall not apply to require a public authority to alter any amount agreed to be paid by the authority in respect of any supply of goods and services where the consideration for that supply is in the nature of a grant or subsidy.
(3)
Where an alteration in the law is made, any fee, charge, or other amount, prescribed by, or determined pursuant to, any Act or by any legislative instrument (within the meaning of the Legislation Act 2012) or by any regulation (within the meaning of the Regulations Act 1936), in respect of any supply of goods and services shall, unless provision to the contrary is contained in that Act or regulation, be deemed to be modified as follows:
(a)
where the alteration in the law renders the fee, charge, or other amount prescribed by, or determined pursuant to, that Act or regulation liable to be charged with tax or increases the amount of tax charged or chargeable, the said fee, charge, or other amount so prescribed or determined shall be increased by that amount of tax charged or chargeable; or
(b)
where the alteration in the law renders the fee, charge, or other amount prescribed by, or determined pursuant to, that Act or regulation exempt from tax or reduces the amount of tax charged or chargeable, the said fee, charge, or other amount so prescribed or determined shall be exempted from tax or reduced by the amount of tax no longer charged or chargeable:
provided that where any such Act or regulation prescribes or determines either a maximum or a minimum amount in respect of any supply of goods and services, that maximum or, as the case may be, minimum amount shall, for the purposes of any such Act or regulation, be deemed to be increased or, as the case may be, decreased, by the amount of tax charged or, as the case may be, tax no longer charged by virtue of this subsection:
provided further that this subsection shall not apply to any fee, charge, or other amount prescribed or determined which is required by virtue of that Act or regulation to be paid by any public authority to any person other than a public authority.
(4)
Where any alteration in the law takes place so as to operate retrospectively from any date, this section shall also apply retrospectively in the same manner and from the same date, and section 74A(1) of the Property Law Act 2007 shall apply to any money paid by a recipient to a supplier in excess of the amount which by virtue of the application of this section is properly payable in respect of that agreement, contract, Act or regulation, notwithstanding section 74A(2) of the Property Law Act 2007.
(5)
Where any supply is or becomes charged with tax pursuant to this Act, the amount of any increase in consideration in respect of that supply attributable to the tax charged on that supply shall be recoverable by the supplier from the recipient of the taxable supply.
(6)
This section does not apply to a supply of services that is treated by section 8(4B) as being made in New Zealand.
Section 78(2): amended, on 20 May 2010, by section 52 of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 78(2): amended (with effect on 3 December 1985), on 8 August 1986, by section 34(1)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(2) first proviso: substituted, on 23 March 1989, by section 20 of the Finance Act 1989 (1989 No 13).
Section 78(2) second proviso: added, on 23 March 1989, by section 20 of the Finance Act 1989 (1989 No 13).
Section 78(3): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Section 78(3): amended (with effect on 3 December 1985), on 8 August 1986, by section 34(3)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(3) first proviso: added (with effect on 3 December 1985), on 8 August 1986, by section 34(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(3) second proviso: added (with effect on 3 December 1985), on 8 August 1986, by section 34(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(3) second proviso: amended (with effect on 1 October 2010), on 21 December 2010, by section 22 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 78(3)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 34(3)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(3)(a): amended (with effect on 3 December 1985), on 8 August 1986, by section 34(3)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(3)(b): amended (with effect on 3 December 1985), on 8 August 1986, by section 34(3)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(3)(b): amended (with effect on 3 December 1985), on 8 August 1986, by section 34(3)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(4): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
Section 78(5): substituted (with effect on 3 December 1985), on 8 August 1986, by section 34(5) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 78(6): added, on 25 November 2003, by section 168 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
78AA Exceptions to effect of increase of tax
(1)
(2)
Despite section 8(1), subsection (3) applies to an insurer who is deemed under section 5(13B) to receive a recovered amount as consideration for a supply—
(a)
to the extent that the insurer, before the rate change day, accepts the claim to which the recovery relates and—
(i)
pays the claim:
(ii)
agrees the recovered amount unconditionally; and
(b)
if the amount recovered is received by the insurer on or after the rate change day; and
(c)
if the insurer elects that subsection (3) apply to the recovery by treating the recovery in that way in a return provided to the Commissioner.
(3)
The deemed supply by the insurer is charged with tax at the original rate.
(4)
Despite section 8(1), subsection (5) applies to a supply of goods that are personal property by a registered person under an agreement if—
(a)
section 9(3)(a) applies to the supply; and
(b)
the recipient of the supply makes periodic payments to the registered person during the term of the agreement; and
(c)
part of the amount payable to the registered person under the agreement is consideration for a supply that is the provision of credit under a credit contract; and
(d)
if the agreement were to end early, the amount of tax imposed by section 8 on the supply of the goods would be calculated on the basis that a periodic payment included an amount of payment for the supply referred to in paragraph (c) that decreased for each successive periodic payment; and
(e)
the term of the agreement—
(i)
begins before the rate change day; and
(ii)
ends on or after the rate change day; and
(iii)
is less than or equal to 5 years; and
(f)
the registered person elects that subsection (5) apply to supplies made under the agreement by treating each supply in that way in a return provided to the Commissioner; and
(g)
within 30 days after the rate change day, the registered person gives notice to the recipient of the supplies, if the recipient is a registered person, that payments by the recipient made after the rate change day include goods and services tax charged at the original rate.
(5)
Each successive supply under the agreement that is deemed to take place on or after the rate change day is charged with tax at the original rate.
(6)
Despite section 5(5), subsection (7) applies to a supply of goods under an agreement that is a layby sale to which subpart 1 of Part 4A of the Fair Trading Act 1986 applies if—
(a)
the agreement is made before the day on which the increase in the rate of tax is announced; and
(b)
after the rate change day, the goods are delivered to the buyer and the property in the goods is transferred to the buyer; and
(c)
the registered person elects that subsection (7) apply to supplies made under the agreement by treating each supply in that way in a return provided to the Commissioner.
(7)
Goods and services tax is charged on the supply of the goods under the agreement (the agreed supply) as if there were 2 supplies consisting of—
(a)
a supply on the day before the rate change day, for which the consideration is the payment for the agreed supply that the registered person receives before the rate change day; and
(b)
a supply on the day that the agreed supply would have occurred in the absence of this subsection, for which the consideration is the payment for the agreed supply that the registered person receives on or after the rate change day.
(8)
Subsection (9) applies to a supply of goods or services if—
(a)
the invoice for the supply is dated before the rate change day; and
(b)
the invoice is issued—
(i)
on or before the second Monday after the rate change day; and
(ii)
consistently with the registered person’s practice of issuing invoices for such supplies; and
(c)
payment for the supply is due on or before the day that is 60 days after the date of the invoice; and
(d)
the registered person elects that subsection (9) apply to the supply by treating the supply in that way in a return provided to the Commissioner.
(9)
The supply is treated as being made on the day of the date of the invoice, despite section 9(3)(a) if that provision would otherwise apply.
(10)
Despite section 9(1), (2)(a), and (3), subsection (11) applies to a supply by a registered person under an agreement if—
(a)
section 9(3)(a) would apply to the supply in the absence of this subsection; and
(b)
the term of the agreement begins before the rate change day and ends after the rate change day; and
(c)
under the agreement, the consideration for a supply is set or reviewed for periods of 396 days or less during the term of the agreement; and
(d)
the registered person elects that subsection (11) apply to supplies made under the agreement during a period in which the day before the rate change day occurs (the rate change period) by including on that basis each supply in a return provided to the Commissioner; and
(e)
within 30 days after the rate change day, the registered person gives notice to the recipient of the supplies, if the recipient is a registered person, that payments made after the rate change day by the recipient for supplies made in the rate change period include goods and services tax charged at the original rate.
(11)
If this subsection applies to a supply for a rate change period and, in the absence of this subsection, the supply would be made on or after the rate change day,—
(a)
the supply is treated as being made on the day before the rate change day; and
(b)
the registered person is treated as issuing a tax invoice as required by section 24 for the supply on the day before the rate change day.
(12)
Despite section 25(3) and (3C), and section 143A(1)(f) of the Tax Administration Act 1994, subsection (13) applies to a supply by a registered person who has provided a tax invoice in relation to the supply if—
(a)
the rate change day occurs after the registered person provides the tax invoice for the supply; and
(b)
in the absence of this subsection and subsection (13), the registered person would be required to provide after the rate change day a credit note or debit note for the supply; and
(c)
the registered person elects that subsection (13) apply to the supply by including on that basis the supply in a return provided to the Commissioner.
(13)
If, in the absence of this subsection, the registered person would be required to provide a—
(a)
credit note for a supply,—
(i)
the registered person may provide a replacement tax invoice for the supply; and
(ii)
goods and services tax is charged on the supply under that invoice at the original rate:
(b)
debit note for a supply, the registered person may provide a replacement tax invoice for the supply.
(14)
Despite section 5(13)(a), a supply of services under section 5(13) by a registered person who receives a payment under a contract of insurance on or after the rate change day is treated as being made on the day before the rate change day if—
(a)
the payment is made before the rate change day; and
(b)
the registered person receives the payment on or before the second Monday after the rate change day.
Section 78AA: inserted, on 7 September 2010, by section 193 of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 78AA(5): amended (with effect on 7 September 2010), on 21 December 2010, by section 23(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 78AA(6): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
Section 78AA(12): amended (with effect on 7 September 2010), on 21 December 2010, by section 23(2) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
78A Returns to be furnished in 2 parts for taxable period in which change in rate of tax occurs
(1)
Where there is a change in the rate of tax imposed by section 8, every registered person who does not have a taxable period beginning on the same day as the date on which the new rate comes into force (other than a person with a taxable period commencing within 7 days before or after the day immediately preceding that date who furnishes returns in accordance with subsection (5)) shall furnish to the Commissioner a return in 2 parts for the taxable period in which the new rate comes into force, comprising—
(a)
a Part 1 return, covering the period beginning on the first day of the person’s taxable period and ending with the day immediately preceding the date on which the new rate comes into force; and
(b)
a Part 2 return, covering the period beginning on the date on which the new rate comes into force and ending with the last day of the person’s taxable period.
(2)
Each such part shall be furnished in a form or forms prescribed by the Commissioner, and the 2 parts shall together be deemed to form a single return.
(3)
If the 2 parts are furnished separately, the Commissioner shall be deemed for the purposes of section 46 not to have received the return until the date on which the later furnished of the 2 parts is received by the Commissioner.
(4)
Every person, whether registered or not, who is required to make a return pursuant to section 16(4) in respect of any period in which a new rate of tax comes into force shall (except where the new rate comes into force on the first day of that period) furnish a return in 2 parts in accordance with this section, as if the period for which the return is required to be made were a taxable period.
(5)
Any registered person who, pursuant to a determination of the Commissioner under section 15E, has a taxable period that ends within 7 days before or after the day immediately preceding the date on which a new rate of tax comes into force may, upon notification to the Commissioner, disregard that determination in relation to the 2 taxable periods that, but for that determination, would have—
(a)
ended with the day immediately preceding the date on which the new rate comes into force; or
(b)
commenced with the day on which the new tax rate comes into force;—
and where a person so notifies the Commissioner, that person shall accordingly furnish returns in respect of those 2 taxable periods as if—
(c)
the earlier of those periods ended with the day immediately preceding the date on which the new rate of tax comes into force; and
(d)
the later of those periods commenced on the day on which the new rate of tax comes into force.
Section 78A: inserted, on 28 July 1988, by section 4(1) of the Goods and Services Tax Amendment Act (No 3) 1988 (1988 No 125).
Section 78A(1): amended, on 23 March 1989, by section 21(1) of the Finance Act 1989 (1989 No 13).
Section 78A(4): amended, on 31 March 2007 (applying for taxable periods ending on or after 31 March 2007), by section 297(1)(a) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
Section 78A(5): added, on 23 March 1989, by section 21(2) of the Finance Act 1989 (1989 No 13).
Section 78A(5): amended, on 2 June 2016, by section 203 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 78A(5): amended, on 1 April 2008, by section 297(1)(b) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
78B Adjustments to tax payable for persons furnishing returns following change in rate of tax
(1)
Where there is a change in the rate of tax imposed by section 8,—
(a)
any payments that are made or received by a registered person on or after the date on which the new rate comes into force, to the extent that—
(i)
any such payment is made or received in respect of any qualifying supply referred to in subsection (2A)(a) by a registered person who, as at that date, is required to account for tax payable on a payments basis; or
(ii)
any such payment is made in respect of any qualifying supply of secondhand goods referred to in subsection (2A)(b) by a registered person who, as at that date, is required to account for tax payable on an invoice basis; or
(ii)
any such payment is made in respect of any qualifying supply referred to in subsection (2A)(aa) by a registered person who, as at that date, is required to account for tax payable on a hybrid basis,—
shall be deemed, notwithstanding any other provision of this Act, to be consideration for a supply made or received by that registered person on or after the date on which the new rate of tax comes into force, and the amount of any input tax or output tax in respect of any such supply shall accordingly be determined on the basis of the new rate of tax; but
(b)
the amount of tax payable under section 20 by any registered person referred to in paragraph (a) who makes or receives a qualifying supply shall be adjusted by an amount calculated in accordance with this section.
(2)
Where subsection (1)(b) requires an adjustment to be made of the amount of tax payable by a registered person,—
(a)
the calculation of the adjustment shall be recorded in a form prescribed by the Commissioner; and
(b)
[Repealed](2A)
For the purposes of this section, the term qualifying supply means—
(a)
in relation to a person who, as at the date on which the new rate of tax comes into force, is required to account for tax payable on a payments basis,—
(i)
any taxable supply made by the registered person; or
(ii)
any taxable supply made to the registered person; or
(iii)
any supply made to the registered person that is a supply of secondhand goods to which section 3A(1)(c) of the input tax definition applies; or
(iv)
any supply made by the registered person that is a specified supply within the meaning of section 86; and
(aa)
in relation to a person who, as at the date on which the new rate of tax comes into force, is required to account for tax payable on a hybrid basis,—
(ia)
any supply that is made by the registered person as a private training establishment granted registration by the Qualifications Authority under section 236 of the Education Act 1989 and for which consideration is held in trust on the day before that date, if the registered person includes such supplies in the form referred to in subsection (2); or
(i)
any taxable supply made to the registered person; or
(ii)
any supply made to the registered person that is a supply of secondhand goods to which section 3A(1)(c) of the input tax definition applies; and
(b)
in relation to a person who, as at the date on which the new rate of tax comes into force, is required to account for tax payable on an invoice basis,—
(i)
any supply made by the registered person as a private training establishment granted registration by the Qualifications Authority under section 236 of the Education Act 1989 and for which consideration is held in trust on the day before that date, if the registered person includes such supplies in the form referred to in subsection (2); or
(ii)
any supply made to the registered person that is a supply of secondhand goods to which section 3A(1)(c) applies,—
to the extent that—
(c)
as at the commencement of the day on which the new rate of tax comes into force, the consideration for the supply—
(i)
remains unpaid; and
(ii)
has not been written off by the registered person as a bad debt; and
(d)
the supply is not required to be taken into account (otherwise than pursuant to this section) in calculating the tax payable by the registered person in respect of—
(i)
that part of the taxable period in which the new rate of tax comes into force that is required by section 78A to be covered by a Part 1 return; or
(ii)
any other taxable period ending before the new rate of tax comes into force; and
(e)
the supply is not charged with tax at—
(i)
the rate of 0%; or
(ii)
a rate that is unaffected by the change to section 8; and
(f)
the supply, in the case of a supply made to the registered person, is a supply in respect of which—
(i)
a tax invoice or debit note or credit note has been provided in accordance with sections 24 and 25 and is held by that registered person at the time the prescribed form is furnished in accordance with subsection (2); or
(ii)
a tax invoice is not required to be issued pursuant to section 24(5) or section 24(6), or a debit note or credit note is not required to be issued pursuant to section 25; or
(iii)
sufficient records are maintained as required pursuant to section 24(7), where the supply is a supply of secondhand goods to which that section relates.
(2B)
For the purposes of this section, a taxable supply made by a registered person on or after the date on which the new rate of tax comes into force is treated as being made before that date if—
(a)
the registered person makes the supply as a private training establishment granted registration by the Qualifications Authority under section 236 of the Education Act 1989; and
(b)
the consideration for the supply is held in trust on the day before that date; and
(c)
the registered person includes such supplies in the form referred to in subsection (2).
(3)
The adjustment required by this section shall be calculated as follows:
(a)
first determine the amount of consideration payable by the registered person on qualifying supplies made to the registered person:
(b)
subtract the amount of the consideration payable to the registered person on qualifying supplies made by the registered person:
(c)
multiply the resulting total by an amount equal to the old tax fraction subtracted from the new tax fraction (as respectively calculated in accordance with section 2 immediately before and immediately after the new rate of tax comes into force).
(4)
Where the amount of any adjustment calculated in accordance with this section is a positive amount, that amount shall, in relation to the registered person, be deemed to be output tax attributable to the taxable period for,– –
(a)
the person’s Part 1 return furnished under section 78A; or
(b)
the return for the taxable period ending with the day preceding the date on which the new rate of tax comes into force, if the person is not required to furnish a Part 1 return.
(5)
Where the amount so calculated is a negative amount, that amount shall be a credit to the registered person, and—
(a)
shall be set off against any amount of tax payable by the registered person in respect of any taxable period ending before the day on which the new rate of tax comes into force; and
(b)
to the extent that it cannot be so set off, shall be set off against any amount of tax payable by the registered person in respect of the taxable period in which the new rate comes into force; and
(c)
to the extent that it cannot be so set off, refunded to the person, subject to section 46(6).
(6)
Subject to subsections (6A) and (6B), where a registered person who has made an adjustment pursuant to this section subsequently writes off as a bad debt any amount that was consideration for a qualifying supply,—
(a)
the registered person shall make an adjustment of an amount equal to the amount written off as a bad debt, multiplied by an amount equal to the old tax fraction subtracted from the new tax fraction (as referred to in subsection (3)(c)); and
(b)
the amount of that adjustment shall, in the taxable period in which the amount is written off, be deemed to be—
(i)
output tax where the amount of the adjustment is a positive amount; and
(ii)
input tax where the amount of the adjustment is a negative amount.
(6A)
Where—
(a)
at any time after the new rate of tax comes into force, a registered person has been directed by the Commissioner pursuant to section 19 or section 19A to change from an invoice basis or a hybrid basis to a payments basis of accounting; and
(b)
that registered person subsequently writes off as a bad debt any amount that would have been consideration for a qualifying supply if that registered person had in fact been on the payments basis of accounting as at the date on which the new rate of tax came into force,—
that registered person shall, for the purposes of subsection (6), be deemed, in respect of such amounts written off as a bad debt, to have made an adjustment pursuant to subsection (1).
(6B)
Where—
(a)
at any time after the new rate of tax comes into force, any registered person has been directed by the Commissioner pursuant to section 19 or section 19A to change from a payments basis to an invoice basis or a hybrid basis of accounting; and
(b)
that registered person subsequently writes off as a bad debt any amount that was consideration for a qualifying supply,—
that registered person shall, for the purposes of subsection (6), be deemed, in respect of such amounts written off as a bad debt, to have not made an adjustment pursuant to subsection (1).
(7)
For the purposes of this section, a registered person shall, in respect of all qualifying supplies made by or to that person, prepare—
(a)
a list of debtors of the registered person showing the amounts due to that person as at the commencement of the day on which the new rate of tax comes into force; and
(b)
a list of creditors of the registered person showing the amounts due by that person as at the commencement of that day.
Section 78B: inserted, on 28 July 1988, by section 4(1) of the Goods and Services Tax Amendment Act (No 3) 1988 (1988 No 125).
Section 78B heading: amended, on 7 September 2010, by section 194(1) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 78B(1): substituted, on 23 March 1989, by section 22(1) of the Finance Act 1989 (1989 No 13).
Section 78B(1)(a)(ii): amended, on 1 April 1991, by section 6(1)(a) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78B(1)(a) second subparagraph (ii): added, on 1 April 1991, by section 6(1)(b) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78B(2): substituted, on 23 March 1989, by section 22(1) of the Finance Act 1989 (1989 No 13).
Section 78B(2)(b): repealed, on 20 May 2010, by section 53(1) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 78B(2A): inserted, on 23 March 1989, by section 22(1) of the Finance Act 1989 (1989 No 13).
Section 78B(2A)(a)(iii): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 117(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 78B(2A)(aa): inserted, on 1 April 1991, by section 6(2) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78B(2A)(aa)(ia): inserted, on 7 September 2010, by section 194(2) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 78B(2A)(aa)(ii): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 117(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 78B(2A)(b): substituted, on 7 September 2010, by section 194(3) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 78B(2A)(e): substituted, on 7 September 2010, by section 194(4) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 78B(2B): inserted, on 7 September 2010, by section 194(5) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 78B(4): amended, on 20 May 2010, by section 53(2) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 78B(4)(a): added, on 20 May 2010, by section 53(2) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 78B(4)(b): added, on 20 May 2010, by section 53(2) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 78B(5): amended, on 20 May 2010, by section 53(3) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 78B(5)(c): substituted, on 20 May 2010, by section 53(3) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
Section 78B(6): amended (with effect on 1 July 1989), on 19 December 1989, by section 16(2) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 78B(6A): inserted (with effect on 1 July 1989), on 19 December 1989, by section 16(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 78B(6A)(a): amended, on 1 April 1991, by section 6(3)(a) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78B(6A)(a): amended, on 1 April 1991, by section 6(3)(b) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78B(6B): inserted (with effect on 1 July 1989), on 19 December 1989, by section 16(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 78B(6B)(a): amended, on 1 April 1991, by section 6(4)(a) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78B(6B)(a): amended, on 1 April 1991, by section 6(4)(b) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
78BA Adjustments to tax payable in relation to credit and debit notes following change in rate of tax
(1)
Subject to subsection (6) of section 78B, where—
(a)
there is a change in the rate of tax imposed by section 8; and
(b)
any registered person (being a supplier) has made an adjustment pursuant to section 78B in respect of any qualifying supply made by that person; and
(c)
that registered person subsequently issues a debit note or credit note (in accordance with section 25) in respect of a qualifying supply made for which payment has not been received as at the time of the issue of that debit note or credit note,—
that registered person shall, in the taxable period in which the debit note or credit note is issued, adjust the amount of tax payable under section 20 by an amount calculated in accordance with this section.
(2)
Where—
(a)
there is a change in the rate of tax imposed by section 8; and
(b)
any registered person (being a recipient) has made an adjustment pursuant to section 78B in respect of any qualifying supply received by that person; and
(c)
that registered person has subsequently, in respect of any qualifying supply,—
(i)
been issued with a debit note or credit note; or
(ii)
received notice, or otherwise knows that any tax invoice held is incorrect,—
for which payment has not been made as at the time of the receipt of that debit note or credit note, or other notice, or knowledge,—
that registered person shall, in the taxable period in which the debit note or credit note or other notice or knowledge was received, adjust the amount of tax payable under section 20 by an amount calculated in accordance with this section.
(3)
The adjustment required by this section shall be calculated as follows:
(a)
subtract from the amount of consideration originally payable to, or, as the case may be, by that registered person the amount of consideration that is now payable to, or, as the case may be, by that registered person:
(b)
multiply the resulting total by an amount equal to the old tax fraction subtracted from the new tax fraction (as respectively calculated in accordance with section 2 immediately before and immediately after the new rate of tax comes into force).
(4)
For the purposes of subsection (1), the amount of the adjustment pursuant to this section shall be deemed to be—
(a)
output tax where the amount of the adjustment is a positive amount; and
(b)
input tax where the amount of the adjustment is a negative amount.
(5)
For the purposes of subsection (2), the amount of the adjustment pursuant to this section shall be deemed to be—
(a)
output tax where the amount of the adjustment is a negative amount; and
(b)
input tax where the amount of the adjustment is a positive amount.
Section 78BA: inserted (with effect on 1 July 1989), on 19 December 1989, by section 17(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 78BA(2)(c)(ii): amended, on 2 June 2016, by section 204 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
78C Change in accounting basis coinciding with or occurring after change in rate of tax
(1)
Where—
(a)
there is a change in the rate of tax imposed by section 8; and
(b)
a registered person is required pursuant to section 78A to furnish both a Part 1 return and a Part 2 return for any taxable period during which the new rate of tax comes into force; and
(c)
the Commissioner has during that taxable period, at any time before the date on which the new rate of tax comes into force, pursuant to section 19 or section 19A directed the person to change—
(i)
from an invoice basis to a payments or a hybrid basis; or
(ii)
from a payments basis to an invoice or a hybrid basis; or
(iii)
from a hybrid basis to an invoice or a payments basis—
the provisions of sections 19 to 19C (except section 19B(2)) shall have effect in respect of that registered person as if each of the periods for which a Part 1 return or a Part 2 return is required to be made were a separate taxable period, and the Commissioner’s direction shall have effect from the commencement of the period for which a Part 2 return is required to be furnished.
(2)
Where the Commissioner directs a change in accounting basis for any registered person pursuant to section 19 or section 19A at any time after a new rate of tax comes into force,—
(a)
for the purpose of determining under section 19C the amount of any input tax deducted and output tax accounted for, and any input tax that would have been deducted and output tax that would have been accounted for if the person had been accounting for tax payable on a different basis,—
(i)
the amount of any such input tax in respect of any taxable supply, or any supply of secondhand goods to which section 3A(1)(c) of the input tax definition applies, shall be deemed to be an amount equal to the new tax fraction (being the tax fraction as calculated in accordance with section 2 immediately after the coming into force of the new rate of tax) of the consideration in money for the supply or for the secondhand goods; and
(ii)
the amount of any such output tax in respect of any taxable supply shall be deemed to be an amount equal to that new tax fraction of the consideration in money for the supply,—
notwithstanding that the supply may have occurred during any taxable period or part of a taxable period occurring before the date on which the new rate came into force; and
(b)
for the purpose of determining the amount of any such input or output tax deducted or accounted for, or that would have been deducted or accounted for, no account shall be taken of the amount of any adjustment under section 78B; and
(c)
any payments that are made or received by that registered person after that change in accounting basis shall be deemed, notwithstanding any other provision of this Act, to be consideration for a supply made or received by that registered person on or after the date on which the new rate of tax comes into force, and the amount of any input tax or output tax in respect of any such supply shall accordingly be determined on the basis of the new rate of tax.
Section 78C: inserted, on 23 March 1989, by section 23 of the Finance Act 1989 (1989 No 13).
Section 78C(1): amended, on 1 April 1991, by section 7(2)(a) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78C(1)(c): substituted, on 1 April 1991, by section 7(1) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78C(2): amended, on 1 April 1991, by section 7(2)(b) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78C(2)(a): amended, on 1 April 1991, by section 7(2)(c) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
Section 78C(2)(a)(i): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 118(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 78C(2)(b): amended (with effect on 1 July 1989), on 19 December 1989, by section 18(1) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
Section 78C(2)(c): added (with effect on 1 July 1989), on 19 December 1989, by section 18(2) of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
78D Liability to pay past tax, etc, not affected by alteration in the law
Except as otherwise expressly provided in any enactment, the repeal or amendment of any provision of this Act shall not affect any liability or right of any person or of the Crown that existed under that provision immediately before its repeal or amendment, and in particular,—
(a)
any liability to tax, or to any fine or penalty, of any person pursuant to the repealed or amended provision, and the right of the Crown to any revenue, tax, fee, fine, or penalty pursuant to the repealed or amended provision, shall not be affected by the repeal or amendment; and
(b)
all acts and proceedings for the assessment or recovery of any revenue, tax, fine, or penalty assessed or assessable or paid or payable pursuant to the repealed or amended provision, and all proceedings in respect of offences committed or alleged to be committed in respect of the repealed or amended provision, may be instituted or continued as if the provision had not been repealed or amended.
Section 78D: inserted, on 23 March 1989, by section 23 of the Finance Act 1989 (1989 No 13).
78E Alteration of agreed price in relation to supply mistakenly believed to be of a going concern
Where—
(a)
a supplier and a recipient agreed, having recorded their agreement in a document, that a supply is the supply of a going concern, and the supplier has accordingly treated the supply as being chargeable with tax at the rate of 0% under section 11(1)(m); and
(b)
the contract or agreement for the supply contains no provision for an increase to the agreed price arising in the event that the supply is not a supply that comes within the provisions of section 11(1)(m), or does not otherwise contemplate or provide for the consequences if tax is not chargeable at the rate of 0%; and
(c)
the supply does not come within the provisions of section 11(1)(m),—
the supplier may increase the consideration for the supply by an amount equal to the agreed price in the contract or agreement multiplied by a percentage equal to the percentage specified in section 8(1) applicable to that supply.
Section 78E: substituted, on 12 December 1995 (applying with respect to supplies made under a contract or agreement entered into on or after 10 April 1995), by section 6(1) of the Goods and Services Tax Amendment Act (No 2) 1995 (1995 No 75).
Section 78E(a): amended, on 2 June 2016, by section 205 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 78E(a): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 119(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 78E(b): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 119(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 78E(c): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 119(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
78F Liability in relation to supplies of land
(1)
This section applies in relation to a supply that wholly or partly consists of land.
(2)
At or before settlement of the transaction relating to the supply, the recipient is required to notify the supplier as to whether, at the date of settlement,—
(a)
they are, or expect to be, a registered person; and
(b)
they are acquiring the goods with the intention of using them for making taxable supplies; and
(c)
they do not intend to use the land as a principal place of residence for them or a person associated with them under section 2A(1)(c).
(2B)
For the purposes of subsection (2)(a), a recipient who is a registered person, or who expects to be a registered person, must provide their registration number to the supplier at or before the date of settlement.
(3)
The supplier may rely on the information provided as required by subsection (2) in determining the tax treatment of the supply.
(4)
For the purposes of section 5(2), the notice referred to in subsection (2) must be provided to the second person referred to in section 5(2).
(5)
For the purposes of section 60B and a contract for a supply that wholly or partly consists of land, when the person who enters the contract (person B) nominates another person (person C) to receive the supply, the requirements of subsection (2) are met if—
(a)
person B provides the required information as it relates to their expectation of the circumstances of person C:
(b)
person C provides the required information.
(6)
When a supply is made to a person who is, for the purposes of the supply, an agent acting on behalf of an undisclosed principal, the requirements of subsection (2) are met if the agent notifies the supplier as to whether, at the date of settlement, the principal as recipient—
(a)
is, or expects to be, a registered person; and
(b)
is acquiring the goods or services with the intention of using them for making taxable supplies; and
(c)
does not intend to use the land as a principal place of residence for them or a person associated with them under section 2A(1)(c).
(7)
When a supply is made to a person who is, for the purposes of the supply, an agent acting on behalf of an undisclosed principal, the agent must provide their registration number to the supplier at or before the date of settlement. If the agent does not have a registration number, their tax file number may be provided in its place. On meeting the requirements of this subsection, the person is treated as having met the requirements of subsection (2B).
Section 78F: inserted, on 1 April 2011 (applying to supplies made on or after 1 April 2011), by section 24(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Section 78F(2): amended, on 2 June 2016, by section 206(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 78F(2B): inserted, on 29 August 2011, by section 244(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 78F(3): amended (with effect on 1 April 2011), on 2 November 2012, by section 226(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 78F(4): amended, on 2 June 2016, by section 206(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 78F(5): replaced (with effect on 1 April 2011), on 2 November 2012, by section 226(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
Section 78F(6): added (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 244(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 78F(6): amended, on 2 June 2016, by section 206(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
Section 78F(7): added (with effect on 1 April 2011), on 29 August 2011 (applying to supplies made on or after 1 April 2011), by section 244(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
Section 78F(7): amended (with effect on 1 April 2011), on 2 November 2012, by section 226(3) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
78G Railways vesting: zero-rating and timing of tax calculations and documents
(1)
The Railways vesting is treated as being a taxable supply, on 31 December 2012, of the Railways assets and liabilities, that is charged with tax at the rate of 0%.
(2)
For the purpose of calculating the amount of tax payable, or input tax deductible, on or after 31 December 2012 by KiwiRail Holdings Limited in respect of, or in relation to, a Railways asset or a Railways liability, KiwiRail Holdings Limited and New Zealand Railways Corporation are treated as if they were the same person in respect of the period up to and including 31 December 2012, subject to subsection (1).
(3)
If it is necessary for a tax invoice, a credit note, or a debit note (the document) to be issued by or to New Zealand Railways Corporation in respect of a supply made by or to New Zealand Railways Corporation on or before 31 December 2012, the document may be issued by or to KiwiRail Holdings Limited if the supply was in respect of or in relation to Railways assets and liabilities. New Zealand Railways Corporation and KiwiRail Holdings Limited are treated as if, in relation to that supply, they were the same person for the purposes of any requirement that New Zealand Railways Corporation holds, has previously been issued with, or has issued to a person, a tax invoice, a debit note, or a credit note for the supply.
(4)
If a document purporting to be a tax invoice, a credit note, or a debit note (the issued document) is issued by or to New Zealand Railways Corporation in respect of a supply that is made by or to KiwiRail Holdings Limited on or after 31 December 2012, the issued document is treated as if it is a tax invoice, a credit note, or a debit note, as appropriate, that is issued by or to KiwiRail Holdings Limited, if the supply is in respect of or in relation to Railways assets and liabilities.
Section 78G: inserted (with effect on 31 December 2012), on 17 July 2013, by section 145 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
79 Disclosure of information
(1)
No obligation as to secrecy or other restriction upon the disclosure of information imposed by any enactment or otherwise shall prevent either—
(a)
the Commissioner of Inland Revenue or any officer authorised in that behalf; and
(b)
the chief executive of the New Zealand Customs Service or any officer of Customs authorised in that behalf,—
from disclosing to each other information obtained for revenue-gathering purposes and which is required to be disclosed by the persons authorised by this subsection for the same purpose to give effect to the provisions of this Act.
(2)
Information obtained pursuant to subsection (1) shall not be disclosed except—
(a)
to the persons authorised under that subsection; or
(b)
for the purpose of any proceedings connected with a matter in relation to which those persons so authorised perform their duties.
Section 79(1)(b): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
80 Power to extend time for doing anything under Act
[Repealed]Section 80: repealed, on 21 December 2004, by section 160 of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
81 Regulations
[Repealed]Section 81: repealed, on 21 December 2004, by section 161 of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Part 12 Transitional provisions
82 Registration of persons liable to be registered on 1 October 1986
[Repealed]Section 82: repealed, on 10 October 2000 (applying on 10 October 2000), by section 120(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
83 Deduction for sales tax
[Repealed]Section 83: repealed, on 10 October 2000 (applying on 10 October 2000), by section 121(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
84 Supplies prior to 1 October 1986
(1)
For the purposes of this Part, the expression time of performance means,—
(a)
in relation to a supply of goods,—
(i)
where the goods are to be removed, the time of the removal:
(ia)
where the goods are to be removed and where the property in those goods will pass from the supplier to the recipient, the earlier of the time of the removal and the time that that property passes:
(ii)
where the goods are not to be removed, the time when they are made available to the recipient:
(iii)
where the goods (being sent or taken on approval, sale or return, or similar terms) are removed before it is known whether a supply will take place, the time when it becomes certain that the supply has taken place; or
(b)
in relation to a supply of services, the time when the services are performed.
(1A)
Where any registered person supplies or agrees to supply services by virtue of or pursuant to any contract, agreement, or enactment, (whether conditionally or unconditionally, on the happening of any event or any contingency, or otherwise), and that contract, agreement, or enactment expressly or impliedly provides that for, or in respect of, any period or periods, that—
(a)
any right is to be granted or exercisable, or any thing is to be done, or omitted to be done; or
(b)
any payment is due, or may be made; or
(c)
the contract or agreement is in force, or enforceable, or will have effect,—
those services shall for the purposes of subsection (1)(b) be deemed to be performed by that registered person continuously and uniformly during the whole of that period or those periods.
(1B)
Where any services are supplied pursuant to any contract, agreement, or enactment which provides that any right is to be granted or exercisable by an individual for a period which will end with the termination of the life of that individual, and where that contract, agreement, or enactment provides for a single non-refundable payment as consideration for the granting or exercising of that right, those services shall, for the purposes of subsection (1)(b), be deemed to have been performed at the earlier of the time that that right is granted by the supplier or first becomes exercisable.
(2)
Notwithstanding anything in this Act, for the purposes of subsection (1), goods supplied under an agreement to hire as defined in section 9(3)(c) shall be deemed to be a supply of services.
(3)
Subject to subsection (4) and notwithstanding anything in section 9 or sections 21 to 21H, where, and to the extent that, the time of performance of any supply of goods and services—
(a)
is before 1 October 1986, and that supply would, but for this section, be deemed by section 9 or sections 21 to 21H to take place on or after 1 October 1986, and the value of that supply is ascertainable, that time of performance shall, for the purposes of this Act, be the time when the supply of those goods and services is deemed to take place:
(b)
is on or after 1 October 1986, and that supply would, but for this section, be deemed by section 9 or sections 21 to 21H to take place before 1 October 1986,—
(i)
that time of performance shall, for the purposes of section 8, be the time when the supply of those goods and services is deemed to take place; and
(ii)
the time when the supply of those goods and services is made shall, for the purposes of section 20, be deemed to be 1 October 1986; and
(iii)
for the purposes of sections 20(3)(b)(i) and 20(4)(b)(i), where and to the extent that any payment has been made or, as the case may be, received in respect of that supply before 1 October 1986, that payment shall be deemed to have been made or, as the case may be, received on 1 October 1986.
(4)
Notwithstanding anything in subsection (3), where and to the extent that any supply of goods is the construction, major reconstruction, manufacture, or extension of a building or a civil engineering work by the supplier, and the goods,—
(a)
are sold pursuant to any written contract entered into before 1 October 1986; and
(b)
are made available to the recipient on or after 1 October 1986,—
the value of all work and materials permanently incorporated in or affixed on the site of the building or civil engineering work pursuant to that contract shall be determined as at the close of 30 September 1986, and—
(c)
to the extent that the aggregate of the consideration in money for all supplies in respect of the sale of those goods which, pursuant to section 9(1) or section 9(3)(aa)(ii), took place before 1 October 1986, exceeds that value, the amount of that excess shall be deemed to be consideration in money for a taxable supply made by that supplier on 1 October 1986 and charged with tax pursuant to section 8(1):
(d)
to the extent that that value exceeds the aggregate of the consideration in money for all supplies in respect of the sale of those goods which, pursuant to section 9(1) or section 9(3)(aa)(ii), took place before 1 October 1986, the consideration in money for the first supply in respect of the sale of those goods which, pursuant to section 9(1) or section 9(3)(aa)(ii), takes place on or after 1 October 1986 shall be deemed to be reduced by the amount of that excess:
provided that any part of the amount of that excess remaining, in any case where that consideration is reduced to nil as a result of the application of this paragraph, shall be carried forward and the consideration for any subsequent such supply shall be deemed to be reduced to that extent, and so on:
provided that this subsection shall only apply to the extent that that value has been determined on or before 1 December 1986 in a manner acceptable to the Commissioner by a competent independent valuer, or by any other competent valuer that the Commissioner may, in the Commissioner’s discretion, approve:
provided further that where any such supply is made to a registered person, exclusively for the purposes of making taxable supplies, the first proviso to this subsection shall not apply.
Section 84(1)(a)(ia): inserted (with effect on 3 December 1985), on 8 August 1986, by section 36(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 84(1A): inserted (with effect on 3 December 1985), on 8 August 1986, by section 36(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 84(1B): inserted (with effect on 3 December 1985), on 8 August 1986, by section 36(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 84(3): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 122(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 84(3): amended (with effect on 3 December 1985), on 8 August 1986, by section 36(4) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 84(3)(a): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 122(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 84(3)(b): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 122(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
Section 84(3)(b)(iii): substituted (with effect on 3 December 1985), on 8 August 1986, by section 36(3) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 84(4): amended (with effect on 3 December 1985), on 8 August 1986, by section 36(5) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 84(4) first proviso: amended (with effect on 3 December 1985), on 8 August 1986, by section 36(6) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
84B Supplies of services made before insertion of section 8(4B)
(1)
This section applies to a supply of services that is treated by section 8(4B) as being made in New Zealand if—
(a)
the supply has a time of performance under section 84(1) to (1B) that is, or would be if the supply were made by a registered person, before the date on which section 146(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 came into force and—
(i)
the supply would, but for this section, be treated by section 9 or sections 21 to 21H as taking place on or after that date; and
(ii)
the value of the supply is ascertainable; or
(b)
the supply has a time of performance under section 84(1) to (1B) that is, or would be if the supply were made by a registered person, on or after the date on which section 146(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 came into force and the supply would, but for this section, be treated by section 9 or sections 21 to 21H as taking place before that date.
(2)
A supply of services that satisfies subsection (1)(a) is made at the time the services are performed.
(3)
A supply of services that satisfies subsection (1)(b) is made at—
(a)
the time the services are performed, for the purpose of section 8:
(b)
the date on which section 146(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 came into force, for the purpose of section 20.
(4)
A payment that is in respect of a supply that satisfies subsection (1)(b), and is made or received by a person before the date on which section 146(2) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 came into force, is treated for the purpose of section 20(3)(b)(i) and (4)(b)(i) as having been made or received by the person on that date.
Section 84B: inserted, on 25 November 2003, by section 169 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).
Section 84B(2): amended, on 21 December 2004, by section 162(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 84B(3): amended, on 21 December 2004, by section 162(2) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
Section 84B(3)(a): amended, on 21 December 2004, by section 162(3) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
85 Certain contracts entered into on or before 20 August 1985
(1)
For the purposes of this section,—
non-reviewable contract, in relation to any supply, means any written contract, or any agreement entered into pursuant to an enactment, for the supply of goods and services where—
(a)
those goods and services are specifically identified in the contract or, as the case may be, agreement; and
(b)
the consideration in money for that supply is specified in the contract or, as the case may be, agreement either by reference to an amount of money or by way of a formula; and
(c)
the contract or, as the case may be, agreement contains no provision for, and does not otherwise contemplate, any change to that consideration arising either directly or indirectly from the imposition of the goods and services tax; but does not include any contract that provides for or otherwise contemplates a general review of the consideration in money for that supply
review includes renegotiation, adjustment, or alteration
reviewable contract, in relation to any supply, means any written contract, not being a non-reviewable contract, for the supply of goods and services where the consideration in money for that supply is specified in the contract either by reference to an amount of money or by way of a formula.
(2)
For the purposes of this Act, where any supply is made pursuant to any non-reviewable contract entered into on or before 20 August 1985, and that supply would, but for this section, be charged with tax under section 8, that supply shall be charged with tax at the rate of 0%.
(3)
For the purposes of this Act, where any supply is made pursuant to any reviewable contract entered into on or before 20 August 1985, and that supply would, but for this section, be charged with tax under section 8, that supply shall, to the extent that that supply is made prior to the first opportunity after the said 20 August 1985 for the review of the consideration in money for that supply, be charged with tax at the rate of 0%:
provided that the time when that supply is made shall be determined solely by reference to the time of performance of that supply.
Section 85(1) non-reviewable contract: amended (with effect on 3 December 1985), on 8 August 1986, by section 37(1)(a) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 85(1) non-reviewable contract paragraph (a): amended (with effect on 3 December 1985), on 8 August 1986, by section 37(1)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 85(1) non-reviewable contract paragraph (b): amended (with effect on 3 December 1985), on 8 August 1986, by section 37(1)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 85(1) non-reviewable contract paragraph (c): amended (with effect on 3 December 1985), on 8 August 1986, by section 37(1)(b) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 85(1) non-reviewable contract paragraph (c): amended (with effect on 3 December 1985), on 8 August 1986, by section 37(1)(c) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 85(1) reviewable contract: substituted (with effect on 3 December 1985), on 8 August 1986, by section 37(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
85B Certain contracts entered into before 1 October 2016
(1)
This section applies to a supply of remote services when—
(a)
the contract under which the supply is made is for a fixed term that starts before 1 October 2016 and ends after that date; and
(b)
the contract provides for periodic payments that are treated under section 9(3)(a) as successive supplies; and
(c)
under the contract, the consideration for the supply is set or reviewed for periods of 396 days or less during the term of the contract; and
(d)
section 8(3)(c) would apply in relation to the supply in the absence of this section.
(2)
Despite section 9(3)(a), for the period described in subsection (3), the supplier of the remote services may choose to treat the periodic payments as not successively supplied for successive parts of the period of the contract. The election is made in a return for the relevant taxable period.
(3)
The period starts on 1 October 2016 and ends on the earlier of—
(a)
the date on which the term of the contract ends; and
(b)
the date that is 396 days after the date on which the contract was entered into.
Section 85B: inserted, on 1 October 2016, by section 75 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
86 Alternative method of accounting for transitional supplies
(1)
For the purposes of this Act, where any registered person who is required to account for tax payable on a payments basis pursuant to section 19 makes application, the Commissioner shall direct that the provisions of this section shall apply to that registered person in respect of any supply or class of supply determined at the discretion of the Commissioner (hereafter in this section referred to as a specified supply).
(2)
For the purposes of this Act, in respect of any specified supply, where the Commissioner has made a determination in accordance with subsection (1),—
(a)
the supplier shall be deemed to be required to account for tax payable on an invoice basis pursuant to section 19 for each such specified supply to which section 84 applies and in respect of which an invoice has been issued or any payment received prior to 1 October 1986, and shall be deemed to have received payment in full on 1 October 1986 for each such supply:
(b)
where any amount of the consideration in money for that supply (not being a supply to which paragraph (c) applies) remains unpaid as at the end of 30 September 1986 (not being an amount written off as a bad debt as at that date), the supplier shall set off against any amount of tax payable by that supplier in respect of the taxable period in which 1 October 1986 occurs, an amount equal to the tax fraction of the amount of such consideration remaining unpaid, and to the extent that it cannot be so set off, that amount shall be carried forward to the next taxable period and set off against any amount of tax payable by that supplier in respect of that next taxable period, and so on:
(c)
where any supply to which section 84 applies and in respect of which no invoice has been issued nor any payment received prior to 1 October 1986, the supplier shall, in any one taxable period ending prior to 1 October 1987, set off against any amount of tax payable by that supplier in respect of that taxable period, an amount equal to the tax fraction of the portion of the consideration in money in respect of any such supply that, by virtue of section 84(3)(a), is not subject to tax pursuant to section 8(1), and to the extent that it cannot be so set off, that amount shall be carried forward to the next taxable period and set off against any amount of tax payable by that supplier in respect of that next taxable period, and so on:
(d)
any payment received on or after 1 October 1986 in respect of any specified supply to which paragraph (b) or paragraph (c) applies shall, notwithstanding anything in this Act, be deemed to be consideration in money for a taxable supply made by that supplier and charged with tax pursuant to section 8(1), and the supplier shall include as output tax, in the taxable period during which that payment has been received, an amount equal to the tax fraction of that payment:
(e)
where and to the extent that any amount remaining unpaid to which paragraph (b) or paragraph (c) applies is written off as a bad debt on or after 1 October 1986, that amount written off shall, notwithstanding anything in this Act, be deemed to be consideration for a taxable supply made by that supplier and charged with tax pursuant to section 8(1), and the supplier shall include as output tax, in the taxable period during which that amount is written off as a bad debt, an amount equal to the tax fraction of that amount written off.
Section 86: added (with effect on 3 December 1985), on 8 August 1986, by section 38 of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
Section 86(1): amended, on 2 June 2016, by section 207 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
87 Change of accounting basis: transitional provision for certain local authorities
(1)
This section applies to a local authority referred to in the Goods and Services Tax (Local Authorities Accounting on Payments Basis) Order 2009.
(2)
From 1 July 2013, the local authority must account for tax payable on an invoice basis.
(3)
On the change of accounting basis, the local authority may spread the tax payable under section 19C(1) and calculated under section 19C(3) evenly over a period of 72 months commencing on 1 July 2013. If the full amount is not divisible into exactly equal instalments, the final instalment carries the difference.
(4)
If a local authority changes their accounting basis before 1 July 2013, the amount of the tax payable must be calculated on the day before the date on which the change is to take effect, although the amount remains available to be paid as described in subsection (3).
(5)
No late payment penalty, shortfall penalty, or interest under Part 7 of the Tax Administration Act 1994 arises for the local authority as a result of its application of the spreading provision in subsection (3), whether or not the authority incurs a tax liability because it changes its accounting basis before 1 July 2013.
Section 87: inserted, on 17 July 2013, by section 146 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
Goods and Services Tax Amendment Act (No 3) 1991
Public Act |
1991 No 48 |
|
Date of assent |
28 June 1991 |
|
Commencement |
28 June 1991 |
1 Short Title
This Act may be cited as the Goods and Services Tax Amendment Act (No 3) 1991, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 (hereinafter referred to as “the principal Act”
).
2 Meaning of term supply
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) shall be deemed to have come into force on 1 October 1986.
(3)
Nothing in this section shall apply to any payment made on behalf of the Crown or by any public authority to any person to the extent that any objection has, before 19 December 1990, been lodged in respect of that particular payment pursuant to Part 5 of the principal Act by a person to whom or on whose behalf the payment was made.
Goods and Services Tax Amendment Act (No 2) 1995
Public Act |
1995 No 75 |
|
Date of assent |
12 December 1995 |
|
Commencement |
12 December 1995 |
1 Short Title
This Act may be cited as the Goods and Services Tax Amendment Act (No 2) 1995, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 (hereinafter referred to as “the principal Act”
).
3 Meaning of term supply
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subject to subsections (3) and (4), this section applies with respect to—
(a)
any supply made on or after 11 August 1995; and
(b)
any supply made before that date to—
(i)
a registered person who has not, before that date, furnished a return in which a deduction for input tax in relation to that supply has been made; or
(ii)
a registered person who has made such a deduction but has had it denied by the Commissioner in an assessment made before that date and has not as at that date a live objection or appeal in respect of the deduction.
(3)
Notwithstanding subsection (2)(b)(i), this section does not apply where—
(a)
there is a supply by way of sale under an unconditional contract entered into before 11 August 1995 or a conditional contract entered into before 11 August 1995 that became unconditional before that date; and
(b)
no return was furnished on or before 11 August 1995 for the taxable period in which payment was made.
(4)
Nothing in subsection (2) or subsection (3) limits the ability of any person to make an election under section 5(19) of the principal Act in respect of a supply made before 11 August 1995.
Section 3(3): substituted (with effect on 11 August 1995), on 2 September 1996, by section 49(1) of the Taxation (Remedial Provisions) Act 1996 (1996 No 159).
Goods and Services Tax Amendment Act 1996
Public Act |
1996 No 59 |
|
Date of assent |
26 July 1996 |
|
Commencement |
see section 1 |
1 Short Title, application, and commencement
(1)
This Act may be cited as the Goods and Services Tax Amendment Act 1996, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 (in this Act referred to as “the principal Act”
).
(2)
Except as provided in subsections (3) and (4), the provisions of this Act shall apply with respect to tax obligations, liabilities, and rights that are to be performed under or arise in relation to supplies made in respect of taxable periods commencing on or after 1 April 1997.
(3)
Except as provided in subsection (4), sections 2(2), 3(1) and (3), 5(1)(a), (b), and (d), 6, 7, 8, and 17 come into force on 1 October 1996.
(4)
Where—
(a)
a provision of this Act amends, inserts, or repeals a provision (the relevant provision) of the principal Act; and
(b)
the relevant provision is referred to in, or necessary for the purposes of, another provision (the other provision) of the principal Act; and
(c)
the other provision—
(i)
is amended, inserted, or repealed by this Act; and
(ii)
has an application date that is not the same as the general application date for the relevant provision,—
the relevant provision shall, for all purposes in regard to the other provision, have the same application date as the other provision.
8 Repeal of Part 5—objections
(1)
Amendment(s) incorporated in the Act(s).
(2)
Notwithstanding subsection (1), Part 5 of the principal Act continues to apply as if it had not been repealed to every notice of assessment or reassessment—
(a)
issued by the Commissioner under the principal Act before 1 October 1996; or
(b)
that is referred to in section 31(2) of the principal Act (as inserted by section 7 of this Act).
(3)
The Commissioner may, with the written agreement of a registered person, specify that a notice of assessment or reassessment—
(a)
issued before 1 October 1996, is to be treated as if it had been issued after that date (in which case the provisions of Parts 4A and 8A of the Tax Administration Act 1994 apply to the notice):
(b)
issued on or after 1 April 1996, is to be treated as if it had been issued before that date (in which case the provisions of Part 5 of the principal Act continue to apply to the notice).
(4)
For the purposes of a notice referred to in subsection (2) or subsection (3)(b), any section of the Tax Administration Act 1994 specified in Part 5 of the principal Act that is repealed by the Tax Administration Amendment Act (No 2) 1996 continues to apply as if it had not been repealed.
(5)
Amendment(s) incorporated in the Act(s).
9 Additional tax to be payable if default made in payment of tax
(1)
Amendment(s) incorporated in the Act(s).
(2)
Notwithstanding subsection (1), section 41 of the principal Act as it applied immediately before its repeal by this Act continues to apply to a person’s obligations in respect of all taxable periods commencing before 1 April 1997 as if—
(a)
that section 41; and
(b)
any provision giving rise to a liability on the part of a person under that section 41; and
(c)
any provision that exists interdependently with, or has effect for the purposes of (including for the purposes of providing a right of relief or remission), a provision in that section 41—
had not been repealed or varied by this Act or the Tax Administration Amendment Act (No 2) 1996.
(3)
Amendment(s) incorporated in the Act(s).
13 Commissioner’s right to withhold payments
(1)
Amendment(s) incorporated in the Act(s).
(2)
Notwithstanding subsection (1), section 46 of the principal Act as it applied immediately before its repeal by this Act continues to apply in respect of all taxable periods commencing before 1 April 1997 as if—
(a)
that section 46; and
(b)
any provision giving rise to a liability on the part of the Commissioner or a person under that section 46; and
(c)
any provision that exists interdependently with, or has effect for the purposes of (including for the purposes of providing a right of relief or remission) a provision in that section 46,—
had not been varied or repealed by this Act or the Tax Administration Amendment Act (No 2) 1996.
(3)
Amendment(s) incorporated in the Act(s).
19 Repeal of Part 10—penalties
(1)
Amendment(s) incorporated in the Act(s).
(2)
Notwithstanding subsection (1), Part 10 of the principal Act as it applied immediately before its repeal by this Act continues to apply to a person’s obligations in respect of all taxable periods that commence before 1 April 1997 as if—
(a)
that Part 10; and
(b)
any provision giving rise to a liability on the part of a person under that Part 10; and
(c)
any provision that exists interdependently with, or has effect for the purposes of (including for the purposes of providing a right of relief or remission), a provision in that Part 10—
had not been repealed or varied by this Act or the Tax Administration Amendment Act (No 2) 1996.
(3)
Amendment(s) incorporated in the Act(s).
Taxation (Remedial Provisions) Act 1996
Public Act |
1996 No 159 |
|
Date of assent |
2 September 1996 |
|
Commencement |
2 September 1996 |
1 Short Title
This Act may be cited as the Taxation (Remedial Provisions) Act 1996.
Part 6 Amendments to Goods and Services Tax Act 1985
52 Meaning of term supply
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subject to subsection (3), this section is deemed to apply to supplies made on or after 1 October 1986.
(3)
This section does not apply to a supply—
(a)
made by a registered person who has not accounted for output tax in relation to that supply, if the last day for furnishing the return for the taxable period to which the output tax is attributable occurred before 21 May 1996; and
(b)
made by a registered person who before 21 May 1996 made an objection—
(i)
to an assessment in which a subrogation payment to which subsection (1) refers was treated as consideration received for a supply of services; and
(ii)
the objection has not been disallowed.
Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
Public Act |
2001 No 4 |
|
Date of assent |
27 March 2001 |
|
Commencement |
see section 2 |
1 Title
2 Commencement
This Act comes into force on the date on which it receives the Royal assent.
Part 4 Amendments to Goods and Services Tax Act 1985
64 Calculation of tax payable
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies to fringe benefits provided or granted—
(a)
on and after 1 January 2002, for an employer who pays fringe benefit tax on a quarterly basis; and
(b)
on and after 1 April 2001, for an employer who pays fringe benefit tax on an annual basis; and
(c)
during the 2000–01 and subsequent income years, for an employer who pays fringe benefit tax on an income year basis.
(3)
If a fringe benefit is provided or granted before the relevant time in subsection (2) and the tax payable for the taxable period in which the fringe benefit is provided or granted has not yet been paid, a registered person must treat the fringe benefit as one to which subsection (1) applies.
Section 64(3): amended, on 24 October 2001 (applying on and after 27 March 2001), by section 269(2) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
68 Fringe benefits and entertainment expenses
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies to fringe benefits provided or granted—
(a)
on and after 1 January 2002, for an employer who pays fringe benefit tax on a quarterly basis; and
(b)
on and after 1 April 2001, for an employer who pays fringe benefit tax on an annual basis; and
(c)
during the 2000–01 and subsequent income years, for an employer who pays fringe benefit tax on an income year basis.
69 New section 23A inserted
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies to fringe benefit tax returns due—
(a)
on and after 31 May 2002, for an employer who pays fringe benefit tax on a quarterly or an annual basis; and
(b)
by the terminal tax date for the 2000–01 income year, for an employer who pays fringe benefit tax on an income year basis, and to subsequent fringe benefit tax returns required to be filed on an income year basis.
Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002
Public Act |
2002 No 32 |
|
Date of assent |
17 October 2002 |
|
Commencement |
see section 2 |
1 Title
This Act is the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002.
2 Commencement
This Act comes into force on the date on which it receives the Royal assent.
Part 3 Amendments to other Inland Revenue Acts
Amendments to Goods and Services Tax Act 1985
105 Payment of tax relating to fringe benefits
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies to tax paid on fringe benefits included in fringe benefit tax returns due—
(a)
on and after 31 May 2002, for an employer who pays fringe benefit tax on a quarterly or an annual basis; and
(b)
by the terminal tax date for the 2000–01 income year, for an employer who pays fringe benefit tax on an income year basis, and to subsequent fringe benefit tax returns required to be filed on an income year basis.
Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003
Public Act |
2003 No 122 |
|
Date of assent |
25 November 2003 |
|
Commencement |
see section 2 |
1 Title
2 Commencement
(1)
This Act comes into force on the day on which it receives the Royal assent, except as provided in this section.
(2)
Section 142 is treated as coming into force on 1 July 1994.
(3)
Sections 59(2) and 62(2) are treated as coming into force on 20 December 1994.
(4)
Section 104 is treated as coming into force on 1 April 1995.
(5)
Sections 60(1) and 63(1) are treated as coming into force on 26 July 1996.
(6)
Section 124 is treated as coming into force on 1 October 1996.
(7)
Sections 46(2), 131 and 138 are treated as coming into force on 1 April 1998.
(8)
Section 16(a) is treated as coming into force on 1 July 1999.
(9)
Section 16(b) is treated as coming into force on 1 April 2002.
(10)
Sections 121 and 122 are treated as coming into force on 17 October 2002.
(11)
Sections 23, 95(20), 95(33), 107(1) to (3), 129, 130, 135, 136 and 172 are treated as coming into force on 26 March 2003.
(12)
Sections 19, 36 to 38, 41 to 43(1), 44, 45, 46(3), 47 to 58, 79, 87, 92, 95(1), 95(3), 95(7), 95(8), 95(12) to (15), 95(26), 95(28), 95(31), 95(34), 96, 99(1), 106, 109 to 112, 114, 128 and 132 are treated as coming into force on 1 April 2003.
(13)
Sections 146(5), 146(6) and 150(2) are treated as coming into force on 1 July 2003.
(14)
Section 174(2) to (4) are treated as coming into force on 1 August 2003.
(15)
Sections 43(2) and 88 are treated as coming into force on 1 October 2003.
(16)
Section 174(1) comes into force on the first day of the month that immediately follows the month in which this Act receives the Royal assent.
(17)
Sections 69 to 76 come into force on 15 January 2004.
(18)
Sections 77(3), 80 to 83, 100(2) and (3) come into force on 1 April 2004.
(19)
Sections 140(2), 141, 143(2), 145, 146(2), 146(3), 147, 148, 149(5), 149(6), 149(8), 154(2), 155, 156, 157(1), 158, 160, 164(1) to (3), 164(6) and 165 come into force on a date that is the first day of a January, April, July or October and is not less than 1 year after the day on which this Act receives the Royal assent and is to be appointed by the Governor-General by Order in Council.
Part 3 Amendments to other Acts
Amendments to Goods and Services Tax Act 1985
144 Meaning of term supply
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies to a financial contribution that is a condition of a resource consent under the Resource Management Act 1991 if—
(a)
the requirement for the contribution is imposed on or after the day on which this Act receives the Royal assent:
(b)
the requirement for the contribution is imposed on or after 1 October 1991, and before the day on which this Act receives the Royal assent, and the local authority treated—
(i)
the contribution as being made in relation to a taxable supply; and
(ii)
the taxable supply as being charged with tax at a rate other than 0%.
(3)
Subsection (1) applies to a development contribution under the Local Government Act 2002 if the requirement for the contribution is imposed on or after the day on which this Act receives the Royal assent.
Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006
Public Act |
2006 No 3 |
|
Date of assent |
3 April 2006 |
|
Commencement |
see section 2 |
1 Title
2 Commencement
(1)
This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
(2)
Sections 267 and 279(6) are treated as coming into force on 1 April 1995.
(3)
Sections 274 and 278 are treated as coming into force on 1 April 2003.
(4)
Section 231 is treated as coming into force on 25 November 2003.
(5)
Sections 121 and 122 are treated as coming into force on 4 June 2004.
(6)
Section 281 is treated as coming into force on 1 July 2004.
(7)
Sections 230(1), 234, and 270 are treated as coming into force on 21 December 2004.
(8)
Sections 11(1), 12, 40, 57, 65, 80, 93, 104, 105, 143(5), 180(1), (2), and (3), 187, 191(9), (12), (21), (49), and (60), 193, 199, 202, 206, 207, 208, 210(19), 211(1) to (4) and (6) to (8), 212, 223 to 229, 237, 240, 257, 284(1) and (3), 287(4) and (5), and 303 are treated as coming into force on 1 April 2005.
(9)
Section 73 is treated as coming into force on 19 May 2005.
(10)
Sections 144(1) and (7), 146, and 191(5) are treated as coming into force on 21 July 2005.
(11)
Sections 13, 15(2) and (3), 21, 22, 23, 25, 50, 51, 53, 68, 75, 81, 83(2), 84, 85, 87, 88, 94, 95, 100, 106, 113, 116, 117(1) and (2), 120, 123, 141, 150, 188, 191(10), (15), (17), (18) to (20), (43), (46), (47), (53), (57), and (69), and 198 are treated as coming into force on 1 October 2005.
(12)
Section 191(2) and (72) is treated as coming into force on 21 December 2005.
(13)
Sections 8(2), 15(1), 16, 17, 28, 29 to 37, 45, 91, 92, 97, 98, 111, 125, 131 to 134, 166 to 178, 191(6), (11), (22), (31), (51), and (70), 194(1) and (2), 197(a), and 200 come into force on 1 April 2006.
(14)
Sections 7, 8(1), 14, 20, 39, 41, 44, 59, 66, 67, 83(1), 86, 110, 112, 124, 128 to 130, 142, 143(1) and (3), 145, 147(2) and (4), 148(1) and (3), 152, 153, 155, 156, 179, 180(1) and (6), 181 to 184, 185(1), 186, 191(8), (27), (28), (38), (40), (42), (52), (55), (58), and (59), 197(b), 205, and 214 come into force on 1 July 2006.
(15)
Sections 5, 42, 43, 103, 108, 117(3), 119, 191(48), (54), and (68), 210(3), (9), and (11), 211(2), (5), (7), (8)(a), and (9), 221, 222, 230(2), 254, 255, and 256 come into force on 1 October 2006.
(16)
Sections 292, 293, and 297(1)(a) come into force on 31 March 2007.
(17)
Section 180(7) comes into force on 1 April 2007.
(18)
Sections 77, 114, 115, 118, 137 to 140, 143(2) and (4), 147(1) and (3), 148(2), 149, 160 to 163, 165, 190, 191(4), (7), (16), (26), (29), (30), (44), (45), (50), (56), (61), and (65) to (67), 194(3), 204, 210(4), (5) to (7), (8), (10), (12), (14), (17), and (18), 217, 218, 241 to 251, 258 to 260, 283(4) to (9), 291, 294 to 296, and 300 come into force on 1 October 2007.
(19)
Sections 18, 19, 26, 47, 49, 127, 192, 215, 216, and 297(1)(b) come into force on 1 April 2008.
(20)
Sections 61 to 64, 101, 301, and 302 come into force on 1 August 2006.
Part 3 Amendments to other Acts
Goods and Services Tax Act 1985
283 Interpretation
(1)
This section amends section 2.
(2)–(9)
Amendment(s) incorporated in the Act(s).
(10)
Subsection (3) applies for taxable periods of a registered person that begin on or after the beginning of the person’s 2007–08 income year.
(11)
Subsections (4) to (9) apply for a registered person for—
(a)
a taxable period that begins on or after the beginning of the registered person’s 2008–09 income year, if the registered person derives assessable income in that income year:
(b)
a taxable period that begins on or after 1 April 2008, if paragraph (a) does not apply.
291 Sections 15 to 15AB replaced
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies for a registered person for—
(a)
a taxable period that begins on or after the beginning of the registered person’s income year corresponding to the 2008–09 tax year, if the registered person derives assessable income in that income year:
(b)
a taxable period that begins on or after 1 April 2008, if paragraph (a) does not apply.
296 Branches and divisions
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies for a registered person for—
(a)
a taxable period that begins on or after the beginning of the registered person’s income year corresponding to the 2008–09 tax year, if the registered person derives assessable income in that income year:
(b)
a taxable period that begins on or after 1 April 2008, if paragraph (a) does not apply.
297 Returns to be furnished in 2 parts for taxable period in which change in rate of tax occurs
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1)(a) applies for taxable periods ending on or after 31 March 2007.
(3)
Subsection (1)(b) applies for a registered person for—
(a)
a taxable period that begins on or after the beginning of the registered person’s income year corresponding to the 2008–09 tax year, if the registered person derives assessable income in that income year:
(b)
a taxable period that begins on or after 1 April 2008, if paragraph (a) does not apply.
Taxation (Savings Investment and Miscellaneous Provisions) Act 2006
Public Act |
2006 No 81 |
|
Date of assent |
18 December 2006 |
|
Commencement |
see section 2 |
1 Title
This Act is the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006.
2 Commencement
(1)
This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
(2)
Section 209 is treated as coming into force on 30 November 1993.
(3)
Section 201 is treated as coming into force on 1 April 1995.
(4)
Section 207(2) is treated as coming into force on 26 July 1996.
(5)
Section 207(4) is treated as coming into force on 20 May 1999.
(6)
Section 206 is treated as coming into force on 1 April 2000.
(7)
Section 218(1), (3), (4), and (5) is treated as coming into force on 1 October 2001.
(8)
Section 205 is treated as coming into force on 26 March 2003.
(9)
Sections 202, 204, and 207(3) are treated as coming into force on 1 April 2003.
(10)
Section 25(1), (2), (4), (5), and (7) are treated as coming into force on 1 February 2004.
(11)
Sections 6, 12, 13, 16, 17, 20(1)(a), 27, 31, 40, 58, 59(1), 60, 62, 63, 77(4), 78(1)(a), (3), (4)(a), (6), and (7), 80(1)(c) and (2), 82, 85, 88, 94, 96, 129, 138, 139, 140, 141, 152(1) and (3), 155(3), (4), (10), (11), (17), (19)(a), (21), (22), (36), and (45), 156, 158(2)(a), 166, 167, 169(3), 170, 171, 172, 179, 183, and 218(2) are treated as coming into force on 1 April 2005.
(12)
Sections 19 and 195 are treated as coming into force on 21 June 2005.
(13)
Sections 14, 32, 33, 37, 38, 43, 48, 49, 50, 54, 55, 56, 77(3), 86, 87, 90, 91, 92(1), (2), (4), and (6), 95, 102, 147(1) and (2), 148, 155(2), (9), and (33), 159, and 163 are treated as coming into force on 1 October 2005.
(14)
Sections 22, 110, 119, 137, 155(23), and 161(2) are treated as coming into force on 1 April 2006.
(15)
Sections 34, 35, 36, 135, 136, 149, 153, 155(32), 157, 177, 186, 187, and 208 are treated as coming into force on 3 April 2006.
(16)
Sections 29, 39, 44, 45, 46, 92(3), (5), and (7), and 131(1) are treated as coming into force on 17 May 2006.
(17)
Sections 117, 132, 151, 155(24), and 178 are treated as coming into force on 1 July 2006.
(18)
Section 11 comes into force 3 months after the date on which this Act receives the Royal assent.
(19)
Sections 191 and 216 come into force on 31 March 2007.
(20)
Sections 5(1) and (2), 8(2), (3), (4), and (5), 24(1), 25(3), (6), (8), and (9), 26(1), 61(1), 64(1) to (3), 65(1) to (3), 66(1), 67(1) and (2), 68(1), 69(1) to (3), 70(1), 71(1), 72(1), 73(1), 74(1) to (3), 75(1) to (3), 76(1) to (3), 77(1), (2), and (6), 78(1)(b), (2), (4)(b), (5), and (8), 79(1), 80(1)(a) and (b), (3), (4), and (5), 81(1) and (2), 83(1), 89(1), 93(1) and (2), 99(1), 101(1) and (2), 142, 143, 144, 145(1), 155(5), (7), (13), (15), (16), (18), (19)(b), (29), (42), (44), and (46), 160, 162, 181, 189, and 193 come into force on 1 April 2007.
(21)
Sections 145(2) to (6), 146, 155(26) and (27), and 220 to 227 come into force on 1 July 2007.
(22)
Sections 4, 7, 10, 15, 18, 21, 28, 51, 97, 98, 100, 103(1), 112, 113, 114, 115, 116, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 131(2), 133, 134, 147(3), 150, 152(2), 154, 155(20), (25), (30), (35), (37), (39), (43), and (47), 158(2)(b), 165, 176, 180, 182, 184, 185, 188, 196, 197, 198, 199, 214, 215, 219, 229, 230, 232, 233, 240, 241, 243, 244, 246, and 247 come into force on 1 October 2007.
Part 3 Amendments to other Acts and regulations
Goods and Services Tax Act 1985
214 Changes in taxable periods
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies for a registered person for—
(a)
a taxable period that begins on or after the beginning of the registered person’s income year corresponding to the 2008–09 tax year, if the registered person derives assessable income in that income year:
(b)
a taxable period that begins on or after 1 April 2008, if paragraph (a) does not apply.
215 When change in taxable period takes effect
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1) applies for a registered person for—
(a)
a taxable period that begins on or after the beginning of the registered person’s income year corresponding to the 2008–09 tax year, if the registered person derives assessable income in that income year:
(b)
a taxable period that begins on or after 1 April 2008, if paragraph (a) does not apply.
Taxation (Tax Administration and Remedial Matters) Act 2011
Public Act |
2011 No 63 |
|
Date of assent |
29 August 2011 |
|
Commencement |
see section 2 |
1 Title
This Act is the Taxation (Tax Administration and Remedial Matters) Act 2011.
2 Commencement
(1)
This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
(2)
Sections 219 and 222 are treated as coming into force on 1 April 1995.
(3)
Sections 220 and 221 are treated as coming into force on 1 April 1997.
(4)
Sections 192, 193, 194, 195, 196, 197, 198, 201, 206, 207, and 208 are treated as coming into force on 1 April 2005.
(5)
Sections 199, 200, and 202 are treated as coming into force on 1 April 2007.
(6)
Sections 203, 204, and 205 are treated as coming into force on 1 October 2007.
(7)
Sections 4, 7, 12, 13, 17, 18, 19, 20, 22, 31, 32, 33, 34, 35, 40, 41, 45(1), (3), (4), and (6), 46, 48, 49, 50, 91, 92(1) and (3), 93, 94(1), (3), (7), (8), and (10), 96(1), (3), (4), and (5), 97(1), (2), (3), (6), and (8), 98, 99, 100, 101, 102, 103, 104, 108, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 124, 130(3), (5), (10), (15), (16), and (19), 131, 133, 135, 140, 161, and 210 are treated as coming into force on 1 April 2008.
(8)
Section 130(14) is treated as coming into force on 1 January 2009.
(9)
Sections 21(1) and (3), 37(1), (3), and (5), 39, 42, 44(1) and (3), 94(4), (5), (6), (9), and (11), 95, 96(2) and (6), 97(5), (7), and (9), and 130(6), (8), and (17) come into force on 30 June 2009.
(10)
Sections 109 and 110 come into force on 5 January 2010.
(11)
Sections 53, 54(1) and (5), 59(1) and (2), 65, 80(1), (3), (4), and (5), 106(1) and (3), and 130(9) and (18) are treated as coming into force on 1 April 2010.
(12)
Section 237 comes into force on 1 July 2010.
(13)
Sections 5, 11, 23, 24, 25, 26, 27, 43, and 188 are treated as coming into force on 4 September 2010.
(14)
Sections 47, 130(2), and 160 are treated as coming into force on 30 September 2010.
(15)
Section 136(8) is treated as coming into force on 1 October 2010.
(16)
Section 45(2) and (5) are treated as coming into force on the day of introduction for the Taxation (Tax Administration and Remedial Matters) Bill.
(17)
Sections 28, 29, 30, 88, 89, 107, 134, 136(1), (2), (3), (6), (7), and (9), 139, 209, 235(1)(b) and (c), (2), and (3), 236, 238, 239, 240, 241, 243, 244(2) and (3) are treated as coming into force on 1 April 2011.
(18)
Section 132 is treated as coming into force on 1 May 2011.
(19)
Sections 92(2), 94(2) and (12), and 97(4) and (10) come into force on 1 July 2011.
(20)
Section 245 comes into force on 1 October 2011.
(21)
Sections 9(3) and (5), 71, 81, 106(2) and (4), 123, 130(13) and (20), 136(4) and (5), and 138 come into force on 1 April 2012.
(22)
Sections 21(2) and (4), 37(2), (4), and (6), and 44(2) and (4) come into force on 30 June 2013.
Part 3 Remedial matters and abolition of gift duty
Amendments to Goods and Services Tax Act 1985
234 Goods and Services Tax Act 1985
Sections 235 to 244 amend the Goods and Services Tax Act 1985.
235 Interpretation
(1)
Amendment(s) incorporated in the Act(s).
(2)
Subsection (1)(b) applies to supplies made on or after 1 April 2011. However, subsection (1)(b) does not apply if a person has taken a tax position—
(a)
for an adjustment period that ends before the date of the Royal assent of this Act:
(b)
in relation to the use of land to which section 21E applies:
(c)
relying on the definition of land in section 2(1) as it was before the amendment made by subsection (1)(b).
(3)
Subsection (1)(c) applies to supplies made on or after 1 April 2011. However, subsection (1)(c) does not apply if a person takes a tax position—
(a)
in relation to a supply—
(i)
made on or before the date of the Royal assent of this Act; and
(ii)
to which sections 11(1)(mb) and 78F apply:
(b)
relying on the definition of principal place of residence in section 2(1) as it was before the amendment made by subsection (1)(c).
Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012
Public Act |
2012 No 88 |
|
Date of assent |
2 November 2012 |
|
Commencement |
see section 2 |
1 Title
2 Commencement
(1)
This Act comes into force on the day on which it receives the Royal assent, except as provided in this section.
(2)
Section 251(1) and (4) come into force on 1 February 1995.
(3)
Section 251(2) and (5) come into force on 1 April 1998.
(4)
Section 251(3) and (6) come into force on 1 October 2001.
(5)
Section 173 comes into force on 17 October 2002.
(6)
Section 209(2) and (3) come into force on 1 April 2003.
(7)
Sections 209(1) and 214(1) come into force on 1 January 2005.
(8)
Sections 170(2) and (5), 241, 242, 244, 245, 246, and 247 come into force on 1 April 2005.
(9)
Section 243 comes into force on 1 April 2006.
(10)
Section 248 comes into force on 1 October 2007.
(11)
Sections 11, 16, 21, 23, 30, 37, 38, 39, 69, 72, 82, 84, 85(1), (2), (3), (7), and (9), 86, 115, 117, 120, 122, 124, 125, 126(1), 127(2), 134, 136, 139, 140(1), (2), and (4), 141, 143, 144, 145, 153, 154(7), (11), (12), (17), and (43), 162(3), (4), and (7), 170(3) and (6), 171(1)(b) and (d), 186, 199, and 202 come into force on 1 April 2008.
(12)
Section 83 comes into force on 1 April 2009.
(13)
Section 154(30) comes into force on 9 June 2009.
(14)
Sections 24(1), (3), (4), and (6), 25(1), (3), (4), and (6), 28, 40, 41, 42(1), (2), (6), (7), and (8), 43(1) to (6), 44, 52, 63, 64, 65, 76, 114, 129, 131, 132, 146, and 154(8) and (44) come into force on 30 June 2009.
(15)
Sections 68 and 154(40) come into force on 1 July 2009.
(16)
Section 152 comes into force on 1 February 2010.
(17)
Sections 98 and 100 come into force on 1 April 2010.
(18)
Section 66 comes into force on 30 June 2010.
(19)
Sections 31, 32, 53, 54, and 55 come into force on 1 July 2010.
(20)
Section 45 comes into force on 1 August 2010.
(21)
Sections 12, 13, 18, 19, 20, 29, 35, 36, 56, 57, 58, 59, 60, 61, and 73 come into force on 4 September 2010.
(22)
Sections 27 and 33 come into force on 7 September 2010.
(23)
Section 154(3), (4), and (42) come into force on 1 October 2010.
(24)
Section 154(5) comes into force on 27 October 2010.
(25)
Sections 154(22) and 207(3) come into force on 1 November 2010.
(26)
Sections 154(28), 155, 156(a), and 158 come into force on 1 January 2011.
(27)
Sections 78, 79, 80, 81, 111, 112, 123, 126(2) and (3), 127(1) and (3), 154(6), (9), (10), (14), (19), (27), and (32), 162(1), (2), (5), (6), and (8), 207(2) and (4), 208(2) and (3), 210, 211, 212, 214, 215, 216, 217, 218, 221, 222, 223, 224, 225, and 226 come into force on 1 April 2011.
(28)
Sections 24(2) and (7), 25(2) and (7), 42(3), (4), (5), and (9), 43(7) and (8), 46, 48, 49, 50, 116, 128, and 133 come into force on 1 July 2011.
(29)
Sections 90, 91, 97, 252, 253, 254, and 255 come into force on 29 August 2011.
(30)
Section 208(1) comes into force on the date of introduction of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill.
(31)
Sections 47 and 51 come into force on 1 October 2011.
(32)
Section 194 comes into force on 7 March 2012.
(33)
Sections 70, 85(4), (5), (6), and (8), 89, 94, 140(3), 142, 154(20) and (33), and 163(2) come into force on 1 April 2012.
(34)
Section 168(1)(d) comes into force on 31 May 2012.
(35)
Sections 71, 228, 229, 230, 235, and 238 come into force on 1 July 2012.
(36)
Sections 6, 7, 8, 9, 10, 147, 148, 151, and 154(2), (31), (37), and (39) come into force on 1 October 2012.
(37)
Sections 88, 93(2), 99, 101, 103, 104(2), 107, 118, 150, 154(18) and (29), 163(3), 166, 168(1)(a) to (c) and (e) and (3), 231, and 234 come into force on 1 April 2013.
(38)
Sections 137, 154(25), 170(4), 171(3), 176, 177, 179, 180, 181, 183, 184, 185, 189, 190, 191, 192, 193, 197, 198, 200, 201, and 239 come into force on 1 April 2016 or on an earlier date set by Order in Council.
(39)
Section 168(2) and (4) come into force on 1 April 2014.
Part 4 Amendments to Goods and Services Tax Act 1985
206 Goods and Services Tax Act 1985
This Part amends the Goods and Services Tax Act 1985.
209 Meaning of term supply
(1), (2)
Amendments incorporated in the Act(s)
(3)
Subsection (2) applies for taxable periods ending on or after 1 April 2003. However, subsection (2) does not apply for a person and an amount charged by them on or before 31 December 2012 if the person has, before the date of introduction of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill, adopted a regular practice of not charging GST on an amount charged for the late payment of an account, relying on the provisions of the Goods and Services Tax Act 1985 as they were before the amendment made by subsection (2).
221 Transitional accounting rules
(1), (2)
Amendments incorporated in the Act(s)
(3)
Subsection (2) applies for supplies made on or after 1 April 2011. However, subsection (2) does not apply for a person in relation to a tax position taken by them—
(a)
in the period between 1 April 2011 and the date of introduction of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill; and
(b)
relating to an adjustment made under either the old apportionment rules or the new apportionment rules; and
(c)
relying on the provisions of the Goods and Services Tax Act 1985 as they were before the amendment made by subsection (2).
224 Nominated recipients of supplies
(1), (2)
Amendments incorporated in the Act(s)
(3)
Subsections (1) and (2) apply for supplies made on or after 1 April 2011. However, subsections (1) and (2) do not apply for a person in relation to a tax position taken by them—
(a)
in the period between 1 April 2011 and the date of introduction of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill; and
(b)
relating to an input tax deduction claimed by the person; and
(c)
relying on the provisions of the Goods and Services Tax Act 1985 as they were before the amendments made by subsections (1) and (2).
Reprints notes
1 General
This is a reprint of the Goods and Services Tax Act 1985 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Statutes Repeal Act 2017 (2017 No 23): section 4(2)
Fire and Emergency New Zealand Act 2017 (2017 No 17): section 197
Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14): sections 345–371
Senior Courts Act 2016 (2016 No 48): section 183(b)
Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27): sections 182–207
Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21): Part 3
Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1): sections 273–282
Taxation (Social Housing Reform) Act 2015 (2015 No 51)
Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39): sections 185–195
Fair Trading Amendment Act 2013 (2013 No 143): section 41(2)
Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93): section 66
Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52): sections 120–146
Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8
Legislation Act 2012 (2012 No 119): section 77(3)
Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89): section 103
Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88): Part 4
Road User Charges Act 2012 (2012 No 1): section 94
Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63): sections 234–244
Taxation (GST and Remedial Matters) Act 2010 (2010 No 130): sections 4–24, 189
Governor-General Act 2010 (2010 No 122): section 21
Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109): sections 191–194
Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101): section 5
Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)
Taxation (Budget Measures) Act 2010 (2010 No 27): sections 45–47, 50–53
Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 (2009 No 63): sections 145–147
Tariff Amendment Act 2009 (2009 No 62): section 9(6)
Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34): sections 704–712
Land Transport Amendment Act 2009 (2009 No 17): section 35(4)
Māori Trustee Amendment Act 2009 (2009 No 12): section 30(2)(a)
Taxation (Business Tax Measures) Act 2009 (2009 No 5): sections 25–27
Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85): sections 79, 80
Taxation (Limited Partnerships) Act 2008 (2008 No 2): section 30
Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109): sections 271–279
Income Tax Act 2007 (2007 No 97): section ZA 2(1)
Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81): sections 211–218
Insolvency Act 2006 (2006 No 55): section 445
Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3): sections 283–289, 291, 292(1), 294–297
Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79): sections 155–160
Goods and Services Tax Amendment Act 2005 (2005 No 9)
Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111): sections 144–162
Local Government (Auckland) Amendment Act 2004 (2004 No 57): section 47
Income Tax Act 2004 (2004 No 35): section YA 2
Civil Aviation Amendment Act 2004 (2004 No 8): section 41(3)
Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122): sections 140–155, 158–169
Land Transport Management Act 2003 (2003 No 118): section 90
Credit Contracts and Consumer Finance Act 2003 (2003 No 52): section 139
Gambling Act 2003 (2003 No 51): section 374
Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5): sections 152, 154–161
Racing Act 2003 (2003 No 3): section 69(1)
Local Government Act 2002 (2002 No 84): section 262
Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32): sections 96, 98, 100, 105
Electoral Amendment Act 2002 (2002 No 1): section 102(1)
Public Trust Act 2001 (2001 No 100): section 170(1)
Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(1)
Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85): sections 238, 240
Goods and Services Tax Amendment Act 2001 (2001 No 68)
Accident Compensation Act 2001 (2001 No 49): section 338
Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4): sections 61–64, 68, 69
Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39): Part 3
Personal Property Securities Act 1999 (1999 No 126): section 191(1)
Taxation (Remedial Matters) Act 1999 (1999 No 98): section 78(1)
Accident Insurance Act 1998 (1998 No 114): section 416(1)
Social Security Amendment Act 1998 (1998 No 19): section 57
Taxation (Remedial Provisions) Act 1998 (1998 No 7): section 51
Taxation (Remedial Provisions) Act 1997 (1997 No 74): sections 109, 111, 112, 114, 115
Taxation (Remedial Provisions) Act 1996 (1996 No 159): sections 51–53
Taxation (Core Provisions) Act 1996 (1996 No 67): section 484
Goods and Services Tax Amendment Act 1996 (1996 No 59)
Customs and Excise Act 1996 (1996 No 27): section 289(1)
Goods and Services Tax Amendment Act (No 2) 1995 (1995 No 75)
Banking Act Repeal Act 1995 (1995 No 32): section 2(2)
Goods and Services Tax Amendment Act 1995 (1995 No 22)
Customs Amendment Act 1995 (1995 No 7): section 3(5)
Income Tax Act 1994 (1994 No 164): section YB 1
Goods and Services Tax Amendment Act 1994 (1994 No 77)
Goods and Services Tax Amendment Act (No 2) 1993 (1993 No 131)
Privacy Act 1993 (1993 No 28): section 129(1)
Goods and Services Tax Amendment Act 1993 (1993 No 10)
Goods and Services Tax Amendment Act (No 2) 1992 (1992 No 116)
Goods and Services Tax Amendment Act 1992 (1992 No 2)
Goods and Services Tax Amendment Act (No 3) 1991 (1991 No 48)
Goods and Services Tax Amendment Act 1991 (1991 No 11)
Goods and Services Tax Amendment Act 1990 (1990 No 64)
Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152)
Public Finance Act 1989 (1989 No 44): sections 65R(3), 86
Finance Act 1989 (1989 No 13): sections 15, 16, 20–23
Goods and Services Tax Amendment Act 1989 (1989 No 8)
Goods and Services Tax Amendment Act (No 3) 1988 (1988 No 125)
Goods and Services Tax Amendment Act (No 2) 1988 (1988 No 15)
Goods and Services Tax Amendment Act 1988 (1988 No 7)
Goods and Services Tax Amendment Act (No 2) 1987 (1987 No 191)
Goods and Services Tax Amendment Act 1987 (1987 No 103)
Goods and Services Tax Amendment Act 1986 (1986 No 43)
Versions
Goods and Services Tax Act 1985
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