RP 20 Declining, amending, or reversing transfers
When this section applies

(1)

This section applies when a tax pooling intermediary applies to the Commissioner to transfer an amount under section RP 19.

Tax avoidance

(2)

The Commissioner may refuse to accept the application, or may reverse the transfer, if the application is made for the purpose or effect of tax avoidance.

Non-compliance

(2B)

If the Commissioner considers that the application does not comply with sections RP 17 to RP 21, the Commissioner may—

(a)

decline to process the application:

(b)

amend the application:

(c)

reverse the transfer.

Failure to provide details

(3)

The Commissioner must refuse the transfer if—

(a)

it relates to a deposit for which the details have not been provided under section RP 18(3) and the period of 5-working days has not expired:

(b)

the details required under section RP 19(4) have not been provided.

Defined in this Act: amount, apply, Commissioner, intermediary, tax avoidance, working day

Compare: 2004 No 35 s MBA 6(4)–(9)

Section RP 20 heading: substituted, on 29 August 2011, by section 129(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).

Section RP 20(1): amended, on 2 June 2016, by section 68(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section RP 20(2): amended, on 2 June 2016, by section 68(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section RP 20(2B) heading: inserted, on 29 August 2011, by section 129(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).

Section RP 20(2B): inserted, on 29 August 2011, by section 129(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).

Section RP 20(2B): amended, on 2 June 2016, by section 68(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section RP 20(2B)(a): amended, on 2 June 2016, by section 68(4) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section RP 20(2B)(b): amended, on 2 June 2016, by section 68(5) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section RP 20 list of defined terms apply: inserted, on 2 June 2016, by section 68(6) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).