Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Bill

  • enacted

Hon Stuart Nash

Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Bill

Government Bill

249—3

Contents

Key
1Title
2Commencement
Part 1
Annual rates of income tax
3Annual rates of income tax for 2017–18 tax year
Part 2
Amendments to Income Tax Act 2007
4Income Tax Act 2007
5Section BF 1 amended (Other obligations)
5BASection CB 6A amended (Disposal within 2 years: bright-line test for residential land)
5BABSection CB 16A amended (Main home exclusion for disposal within 2 years)
5BSection CB 32C amended (Dividend income for first year of look-through company)
5CSection CD 5 amended (What is a transfer of value?)
6Section CD 15 amended (Tax credits linked to dividends)
7Section CD 25 amended (Treasury stock acquisitions)
8New section CD 29C inserted (Transfers to shareholders by ASX-listed Australian company of shares in subsidiary)
CD 29CTransfers to shareholders by ASX-listed Australian company of shares in subsidiary
9Section CD 36 amended (Foreign investment fund income)
9BSection CD 39 amended (Calculation of amount of dividend when property made available)
10Section CD 43 amended (Available subscribed capital (ASC) amount)
10BSection CD 44 amended (Available capital distribution amount)
11Section CE 1 amended (Amounts derived in connection with employment)
11BSection CE 2 amended (Value and timing of benefits under share purchase agreements)
12Sections CE 2 to CE 4 replaced
CE 2Benefits under employee share schemes
13Section CE 2 amended (Benefits under employee share schemes)
13BSection CE 5 amended (Meaning of expenditure on account of an employee)
14Sections CE 6 and CE 7 replaced
CE 6Trusts are nominees
CE 7Meaning of employee share scheme
CE 7BMeaning of share scheme taxing date
CE 7CMeaning of employee share scheme beneficiary
CE 7DMeaning of replacement employee share scheme
14BSection CH 11 amended (Te Awa Tupua and Te Pou Tupua)
15Section CQ 5 amended (When FIF income arises)
16New section CR 3B inserted (Lloyd’s of London: income from life insurance premiums)
CR 3BLloyd’s of London: income from life insurance premiums
17Section CT 5 amended (Petroleum mining operations outside New Zealand)
18New section CT 5B inserted (Resuming commercial production)
CT 5BResuming commercial production
19Section CT 6 amended (Meaning of petroleum miner)
20Section CT 6B amended (Meaning of petroleum mining operations)
21Section CT 7 amended (Meaning of petroleum mining asset)
22Section CV 17 amended (Non-exempt charities: taxation of tax-exempt accumulation)
23New section CV 20 inserted (Employee share schemes)
CV 20Employee share schemes
23BSection CW 10 amended (Dividend within New Zealand wholly-owned group)
24Section CW 17CB amended (Payments for certain work-related meals)
25New sections CW 26B to CW 26G inserted
CW 26BExempt ESS
CW 26CMeaning of exempt ESS
CW 26DMeaning of employee
CW 26EMeaning of normal retiring age
CW 26FMeaning of share
CW 26GMeaning of trustee
25BSection CW 40C amended (Te Pou Tupua)
25CSection CW 41 amended (Charities: non-business income)
25DSection CX 5 amended (Relationship with exempt income)
26New section CX 55B inserted (Proceeds from disposal of certain shares and financial arrangements)
CX 55BProceeds from disposal of certain shares and financial arrangements
27New cross-heading and section CX 57B inserted
Foreign investment income
CX 57BAmounts derived during periods covered by calculation methods
27BSection CX 60 amended (Intra-group transactions)
28Section CZ 1 replaced (Share purchase agreement income before 19 July 1968)
CZ 1Grandparented shares under employee share schemes
28BSection CZ 9 amended (Available capital distribution amount: 1965 and 1985–1992)
28CSection DB 11 amended (Negative base price adjustment)
28DSection DB 18A amended (Ring-fenced allocations: disposal of residential land within 2 years)
28ESection DB 18AB amended (Deduction cap: disposal of residential land within 2 years to associated persons)
29New section DB 23B inserted (Revenue account property: certain intra-group transactions)
DB 23BRevenue account property: certain intra-group transactions
30New section DB 54C inserted (Certain expenditure incurred by foreign PIE equivalents)
DB 54CCertain expenditure incurred by foreign PIE equivalents
31Sections DC 12 to DC 15 repealed
32Section DN 6 amended (When FIF loss arises)
32BNew section DN 9 inserted (Treatment of certain costs incurred in acquiring FIF interests)
DN 9Treatment of certain costs incurred in acquiring FIF interests
32CSection DT 5 amended (Petroleum development expenditure)
33Section DT 7 amended (Exploratory well expenditure)
34New section DT 7B inserted (Resuming commercial production: petroleum development expenditure)
DT 7BResuming commercial production: petroleum development expenditure
35Section DT 15 amended (Persons associated with petroleum miner)
36Section DT 16 amended (Removal or restoration operations)
37Section DT 17 amended (Attribution of expenditure)
38Section DT 20 amended (Petroleum mining operations outside New Zealand)
39Section DU 7 amended (Deduction for certain mining expenditure spread on basis of units of production)
40Section DV 2 amended (Transfer of expenditure to master fund)
41New cross-heading and section DV 27 inserted
Employee share schemes
DV 27Employee share schemes
42New section DV 28 inserted (Exempt employee share schemes)
DV 28Exempt employee share schemes
43New section DW 3B inserted (Lloyd’s of London: deductions for life insurance business)
DW 3BLloyd’s of London: deductions for life insurance business
44Section EA 2 amended (Other revenue account property)
45New section ED 2B inserted (Transfers to shareholders by ASX-listed Australian company of shares in subsidiary)
ED 2BTransfers to shareholders by ASX-listed Australian company of shares in subsidiary
46Section EE 7 amended (What is not depreciable property?)
47Section EE 34 amended (Annual rate for patent granted in 2005–06 or later income year)
47BSection EE 44 amended (Application of sections EE 48 to EE 51)
47CSection EE 60 amended (Total deductions in section EE 56)
48Section EJ 12 amended (Petroleum development expenditure: default allocation rule)
48BSection EJ 12B amended (Petroleum development expenditure: reserve depletion method)
49Section EJ 13 replaced (Relinquishing petroleum mining permit)
EJ 13Permanently ceasing petroleum mining operations
50Section EJ 14 repealed (Spreading deduction backwards)
51Section EJ 18 amended (Petroleum mining operations outside New Zealand)
52Section EJ 20 amended (Meaning of petroleum mining development)
53Section EJ 22 amended (Deductions for market development: product of research, development)
54Section EW 13 amended (When use of spreading method not required)
55Section EW 15H amended (Mandatory use of some determinations)
55BSection EW 29 amended (When calculation of base price adjustment required)
56Section EW 31 amended (Base price adjustment formula)
56BSection EW 39 amended (Consideration affected by unfavourable factors)
56CNew heading and section EW 47B inserted
Consideration for cessation of LTCs and dissolution of partnerships
EW 47BCessation of LTCs and dissolution of partnerships
57Section EX 21 amended (Attributable CFC amount and net attributable CFC income or loss: calculation rules)
58Section EX 21B amended (Non-attributing active CFCs)
59New section EX 21F inserted (Part-period calculations)
EX 21FPart-period calculations
59BSection EX 22 amended (Non-attributing Australian CFCs)
60Section EX 38 amended (Exemption for employee share purchase scheme of grey list company)
60BSection EX 46 amended (Limits on choice of calculation methods)
61Section EX 59 amended (Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method)
61BSection EX 73 amended (Election that CFC not non-attributing active CFC or FIF not non-attributing active FIF)
62Section EY 10 amended (Meaning of life insurer)
62BSection EZ 23BA amended (Aircraft acquired before 2017–18 income year: adjusted tax value, base value, reduced; total deductions increased)
62CSection FB 3A amended (Residential land)
63Section FC 2 amended (Transfer at market value)
63BASection FC 9 amended (Residential land transferred to executor, administrator, or beneficiary on death of person)
63BSection FC 10 amended (Transfers from person to Official Assignee under Insolvency Act 2006)
63CSection FE 2 amended (When this subpart applies)
63DSection FE 9 amended (Elections)
63ESection FG 2 amended (Notional loans)
63FSection FM 8 amended (Transactions between group companies: income)
63GSection FM 30 amended (Application of certain provisions to consolidated groups)
65Section FM 36 amended (Joining existing consolidated group)
66Section FM 37 amended (Leaving consolidated group)
67Section FM 38 amended (Notice requirements on forming or joining consolidated group)
68Section FM 40 amended (Losing eligibility or entitlement to be part of consolidated group)
69Section FN 4 amended (Eligibility rules)
69BSection FO 10 amended (When property passes on resident’s restricted amalgamation)
69CSection FO 17 amended (Land)
70New cross-heading and section GB 49B inserted
Arrangements involving employee share schemes
GB 49BEmployee share schemes
71Section GB 52 amended (Arrangements involving residential land: companies’ shares)
71Section GB 52 amended (Arrangements involving residential land: companies’ shares)
71BSection GB 53 amended (Arrangements involving residential land: trusts)
72Section HA 19 amended (Credit accounts and dividend statements)
73Section HC 2 amended (Obligations of joint trustees for calculating income and providing returns)
73BSection HC 6 amended (Beneficiary income)
74Section HC 27 amended (Who is a settlor?)
75Section HC 33 amended (Choosing to satisfy income tax liability of trustee)
76Section HD 3 amended (Agents’ duties and liabilities)
76BNew section HD 13B inserted (AIM companies)
HD 13BAIM companies
77Section HD 15 amended (Asset stripping of companies)
78New section HD 17B inserted (Lloyd’s of London: agents for life insurance)
HD 17BLloyd’s of London: agents for life insurance
79Section HF 1 amended (Maori authorities and the Maori authority rules)
79BSection HG 4 amended (Disposal upon final dissolution)
80Section HM 3 amended (Foreign PIE equivalents)
81Section HM 4 amended (Who is an investor?)
82Section HM 9 amended (Collective schemes)
83Section HM 13 amended (Maximum shareholdings in investments)
84Section HM 30 amended (When foreign PIE equivalent no longer meets requirements)
84BSection HM 42 amended (Exit calculation option)
84CSection HM 43 amended (Quarterly calculation option)
84DSection HM 44 amended (Provisional tax calculation option)
84ESection HM 48 amended (Adjustments to investor interests or to distributions)
85Section HM 62 amended (Exit levels for investors)
86Section HM 67 amended (Formation losses carried forward to first quarter)
87Section HM 68 amended (When formation losses carried forward are less than 5% of formation investment value)
88Section HM 69 amended (When formation losses carried forward are 5% or more of formation investment value: 3-year spread)
89Section HR 10 amended (What happens when vehicle stops being financial institution special purpose vehicle?)
90Section HR 12 replaced (Non-exempt charities: taxation of tax-exempt accumulations)
HR 12Non-exempt charities: treatment of tax-exempt accumulations
91New cross-heading and section HR 13 inserted
Lloyd’s of London: life insurance
HR 13Lloyd’s of London: life insurance
91BSection HZ 4E amended (Transition out of LTC regime for Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017)
92Section IA 2 amended (Tax losses)
93Section IA 4 amended (Using loss balances carried forward to tax year)
94Section IA 4 amended (Using loss balances carried forward to tax year)
95Section IA 7 amended (Restrictions relating to ring-fenced tax losses)
96Section IA 8 amended (Restrictions relating to schedular income)
97Section IA 9 amended (Ordering rules)
98Section IC 3 amended (Common ownership: group of companies)
99Section IS 5 amended (Petroleum miners’ tax losses)
100Section IS 5 repealed (Petroleum miners’ tax losses)
101Section IZ 1 repealed (Use of specified activity net losses)
102Section IZ 2 repealed (Petroleum mining companies: treatment of payments from shareholders)
103Section IZ 3 repealed (Petroleum mining companies: use of loss balances)
104Section LA 6 amended (Remaining refundable credits: PAYE, RWT, and certain other items)
105Section LB 1 amended (Tax credits for PAYE income payments)
105BNew section LB 1B inserted (Treatment of tax credits of certain companies with shareholders who are employees)
LB 1BTreatment of tax credits of certain companies with shareholders who are employees
106Section LB 3 amended (Tax credits for resident withholding tax)
106BSection LB 4 amended (Tax credits for families)
109Section LD 3 amended (Meaning of charitable or other public benefit gift)
110Section LD 4 amended (Tax credits for payroll donations)
111Section LD 5 amended (Calculating amount of tax credit and filing particulars)
112Section LK 1 amended (Tax credits relating to attributed CFC income)
112BSection LK 2 amended (Calculation of amount of credit)
113New subpart LT inserted (Tax credits for petroleum miners)
Subpart LT—Tax credits for petroleum miners
LT 1Tax credits for petroleum miners
LT 2Petroleum mining operations outside New Zealand
113BSection MD 9 amended (Fifth requirement: full-time earner)
113CSection MD 15 amended (Family scheme income for purposes of section MD 14)
114Section MX 1 amended (When subpart applies)
115Section MX 4 amended (R&D loss tax credits)
116Section OA 2 amended (Memorandum accounts)
117Section OA 7 amended (Opening balances of memorandum accounts)
117BSection OB 37 amended (ICA refund of tax credit)
117CSection OB 47B amended (Tax paid by recipients of R&D loss tax credits)
118Section OP 3 amended (Changes in consolidated imputation groups)
119Section OP 4 amended (Resident imputation subgroups)
119BSection OP 5 amended (When credits and debits arise only in consolidated imputation group accounts)
120Section OP 22 amended (Consolidated ICA group company’s credit)
120BSection OP 35 amended (Consolidated ICA refund of tax credit)
120CTable O19 amended (Imputation credits of consolidated imputation groups)
121Tables of credits and debits in memorandum accounts amended
122BSection RA 11 replaced (Adjustment to correct errors: certain underpayments)
RA 11Adjustment to correct errors: certain underpayments
123Section RA 12 amended (Adjustment to correct errors: certain excess amounts)
124Section RA 15 amended (Payment dates for interim and other tax payments)
125Section RA 16 amended (Payment date when taxable activity ends)
126Section RA 17 amended (Payment date when RWT exemption certificate expires)
127Section RC 3 amended (Who is required to pay provisional tax?)
128Section RC 19 amended (Disposal of assets)
128BNew section RC 35B inserted (Treatment of overpaid provisional tax instalments calculated using AIM method)
RC 35BTreatment of overpaid provisional tax instalments calculated using AIM method
129Section RD 2 amended (PAYE rules and their application)
129BSection RD 3B amended (Shareholders who are employees, for some companies: income other than PAYE)
129CSection RD 3C amended (Shareholders who are employees, for some companies: PAYE and income other than PAYE)
130Section RD 4 replaced (Payment of amounts of tax to Commissioner)
RD 4Payment of amounts of tax to Commissioner
131Section RD 6 amended (Certain benefits and payments)
132Section RD 6 amended (Certain benefits and payments)
133Section RD 7 amended (Extra pay)
134Section RD 7 amended (Extra pay)
134BSection RD 7 amended (Extra pay)
135Section RD 7B amended (Treatment of certain benefits under employee share agreements)
136Section RD 7B amended (Treatment of certain benefits under employee share agreements)
137Section RD 8 amended (Schedular payments)
138Section RD 10 amended (Amounts of tax for PAYE income payments)
139Section RD 10B amended (Amounts of tax for schedular payments)
140New section RD 10C inserted (Calculating amounts of tax following changes to rates or thresholds)
RD 10CCalculating amounts of tax following changes to rates or thresholds
141Section RD 12 replaced (Multiple payments of salary or wages)
RD 12Multiple payments of salary or wages
142Section RD 13 replaced (Advance payments of salary or wages)
RD 13Advance payments
143Section RD 13B amended (Adjustments for payroll donations)
144Section RD 14 repealed (Changes to tax rates for salary or wages)
144BSection RD 16 amended (Payments to private domestic workers)
145Section RD 17 amended (Payment of extra pay with other PAYE income payments)
147Section RD 21 amended (When amounts of tax not withheld or payment insufficient)
148Section RD 22 replaced (Returns for amounts of tax paid to Commissioner)
RD 22Providing employment income information to Commissioner
149Section RD 23 amended (Bonds given by employers of certain non-resident employees)
150Section RD 24 amended (Exemption certificates for non-resident contractors)
150BSection RD 36 amended (Repayment of employment-related loans)
150CSection RD 51 amended (Calculation of all-inclusive pay)
150DSection RD 52 amended (Calculation for certain employees when information lacking)
150ESection RD 57 amended (Private use of motor vehicle: when schedular value used)
151Section RD 64 amended (ESCT rules and their application)
151BSection RD 65 amended (Employer’s superannuation cash contributions)
152New section RD 67B inserted (Calculating amounts of tax following changes to rates or thresholds)
RD 67BCalculating amounts of tax following changes to rates or thresholds
153Section RE 2 amended (Resident passive income)
154Section RE 4 amended (Persons who have withholding obligations)
155Section RE 5 amended (No withholding obligation in certain circumstances)
156Section RE 7 amended (When resident passive income paid to trustees)
157Section RE 8 amended (When resident passive income paid to nominees)
158Section RE 10 amended (Special rule relating to payments of interest)
159Section RE 14 amended (Non-cash dividends other than certain share issues)
160New section RE 14C inserted (Non-cash dividends distributed through intermediaries)
RE 14CNon-cash dividends distributed through intermediaries
161Cross-heading and section RE 27 amended
162Section RE 28 amended (When certificates expire)
163Section RE 29 replaced (Establishing whether person holds certificate)
RE 29Establishing whether persons have RWT-exempt status
164Section RE 30 amended (When unincorporated bodies hold certificates)
164BSection RF 2B amended (Non-resident financial arrangement income: outline and concepts)
164CSection RL 1 amended (Residential land withholding tax)
165Section RL 4 amended (How much RLWT?)
166Section RM 8 amended (Overpaid RWT or NRWT)
166BSection RM 15 amended (Changes in credit balances)
167Section RP 2 amended (PAYE intermediaries)
168BSection RP 3 repealed (Requirements for listed PAYE intermediaries)
168CSection RP 4 amended (Payment of subsidies to certain PAYE intermediaries)
168DSections RP 4 and RP 5 repealed
169Section RP 8 replaced (Information required from employers)
RP 8Information for PAYE intermediaries
170Section RP 14 amended (Collection, payment, and information requirements)
170BSection RZ 13 amended (Treatment of prepayments)
171New section RZ 14 inserted (Listed PAYE intermediaries: transitional provision)
RZ 14Listed PAYE intermediaries: transitional provision
172Section YA 1 amended (Definitions)
173New section YA 5 inserted (General rule: capacity of trustees)
YA 5General rule: capacity of trustees
174Section YC 4 amended (Look-through rule for corporate shareholders)
175Section YD 1 amended (Residence of natural persons)
176Section YD 2 amended (Residence of companies)
177Section YD 4 amended (Classes of income treated as having New Zealand source)
178Section YD 6 amended (Apportionment of income from sea transport)
179New section YD 8B inserted (Apportionment of life insurance premiums derived by Lloyd’s of London)
YD 8BApportionment of life insurance premiums derived by Lloyd’s of London
180Schedule 1 amended (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits)
181Schedule 2 amended (Basic tax rates for PAYE income payments)
181BSchedule 6 amended (Prescribed rates: PIE investments and retirement scheme contributions)
182Schedule 25 amended (Foreign investment funds)
182BSchedule 31 amended (Annualised equivalent amount for Part M)
183Schedule 32 amended (Recipients of charitable or other public benefit gifts)
184Schedule 36 amended (Government enterprises)
185Consequential amendments to Income Tax Act 2007 related to trustee capacity
185BConsequential amendments to other enactments related to tax administration
Part 3
Amendments to Tax Administration Act 1994
186Tax Administration Act 1994
187Section 3 amended (Interpretation)
187BSection 14G amended (Contact addresses)
188Section 15C amended (PAYE intermediaries and listed PAYE intermediaries)
189Section 15F amended (Fitness of applicants)
190Sections 15G, 15H, and 15I repealed
191Section 15J amended (Employers’ arrangements with PAYE intermediaries)
192Section 15L amended (Amended monthly schedules)
193Section 15M repealed (Subsidy claim forms)
194New subpart heading inserted (Commissioner’s powers to obtain information)
195New subpart heading inserted (Taxpayers’ obligations to keep records)
196Section 22 amended (Keeping of business and other records)
197New section 22AA inserted (Records to be kept by employers and PAYE intermediaries)
22AARecords to be kept by employers and PAYE intermediaries
198New section 22AAB inserted (Records to be kept by payers of passive income)
22AABRecords to be kept by payers of passive income
199Section 23 amended (Keeping of returns where information transmitted electronically)
200New subpart 3C inserted (Employment income information)
Subpart 3C—Employment income information
23BEmployment income information: outline of provisions
23CMeaning of employment income information
23DEmployers’ groups for delivery of information
23EOnline group of employers
23FNon-electronic group of employers
23GExemption for certain employers in online group
23HNew group of employers
23IEmployment income information requirements for employees
23IBDelivery of employment income information for certain special payments
23JEmployment income information requirements relating to employee share schemes
23KEmployment income information for new and departing employees
23LEmployment income information when employment ended
23MCorrection of errors
23NSetting electronic and non-electronic filing requirements
23OEmployment income information: payroll software
23PEmployment income information: variation of requirements
201Cross-heading and section 24 repealed
202Cross-heading and section 24BA repealed
203Section 24B amended (PAYE tax codes)
204Sections 24B to 24IB replaced
Subpart 3D—Tax codes and tax rates for certain payments
24BPAYE tax codes
24CNotified tax codes
24DTax codes provided by the Commissioner
24ENon-notified tax codes
24FRates of tax for schedular payments: standard, payee, and set rates
24GSpecial tax rates for schedular payments
24GBExempt schedular payments
24GCNotification requirements
24HVariation of requirements
205Cross-heading and section 24J repealed
206Section 24K amended (Certain information required in returns)
207Sections 24L, 24LB, 24LC, 24M, 24N, and 24P repealed
208Cross-heading and section 24Q amended
209New heading inserted (RWT rates, certificates, and records)
210Section 25A amended (Use of inconsistent RWT rates)
211Section 25 amended (RWT withholding certificates)
212New subpart 3E inserted (Investment income information)
Subpart 3E—Investment income information
25BInvestment income information: outline of provisions
25CInvestment income
25DInvestment income information
25EWho must provide investment income information to Commissioner
25FInformation on interest
25GInformation on dividends
25HInformation on royalties paid to non-residents
25IInformation on Maori authority distributions
25JInformation on attributed PIE income: non-locked-in funds
25KInformation on attributed PIE income: locked-in funds
25KBInformation from public unit trusts
25LInformation from emigrating companies
25NInformation from payers with no withholding obligation
25PCorrection of errors in investment income information
25QNon-electronic filing of investment income information
25RSetting electronic and non-electronic filing requirements
25SInvestment income information: variation of requirements
213Section 26 repealed (Records to be kept for RWT purposes)
214Section 27 amended (Provision of tax file numbers)
215Section 28B replaced (Notification of investors’ tax rates)
28BNotification of investors’ tax file numbers
216New subpart heading inserted (Statements, notices, and certificates)
217Section 31B amended (Notification requirements for PIEs)
218Section 32E amended (Applications for RWT exemption certificates)
219Section 32G amended (Evidence of annual gross income and consequences of failure to meet threshold)
220Section 32H replaced (Providing RWT exemption certificate when person meets requirements)
32HRWT-exempt status when persons meet requirements
221Section 32I amended (Providing RWT exemption certificate to person who does not meet requirements)
222Section 32J replaced (RWT exemption certificates for unincorporated bodies)
32JRWT-exempt status for unincorporated bodies
223Section 32K amended (Failing to meet basis of exemption)
224Section 32L replaced (Cancellation of RWT exemption certificates)
32LRevocation of RWT-exempt status
225Section 33 amended (Returns)
226Section 33AA amended (Exceptions to requirement for return of income)
227Section 36 amended (Commissioner may approve furnishing of return information by electronic means)
228Section 36A repealed (Electronic format of employer monthly schedule and PAYE payment form)
229Section 36AB repealed (Electronic return requirements for multi-rate PIEs)
230Section 36B repealed (Other formats of employer monthly schedule)
231New section 36BD inserted (Electronic filing requirements for registered persons)
36BDElectronic filing requirements for registered persons
232Section 36C amended (Particulars furnished in electronic format)
233Sections 36CA, 36D, and 36E repealed
234New cross-heading inserted before section 37 (Returns and return dates)
235Section 46 amended (Employer to make returns as to employees)
235BSection 46 amended (Employers to make returns as to employees)
235CSection 46 amended (Employers to make returns as to employees)
236Section 46 repealed (Employers to make returns as to employees)
236BSection 46C amended (FBT returns for years)
237Section 47 amended (ESCT statements provided by employers and others)
238Section 48 repealed (Special arrangements for supply of information by employer or PAYE intermediary to Commissioner)
239Section 49 amended (NRWT withholding certificates and annual reconciliations)
240Sections 49 and 50 repealed
241Section 51 amended (RWT withholding reconciliation statements)
242Sections 51, 52, 53, and 54 repealed
242BSection 54C amended (Information in relation to payment of RLWT)
243Section 55 amended (Consequence of inability to provide tax file numbers)
244New section 55B inserted (Information relating to offshore persons and tax file numbers)
55BInformation relating to offshore persons and tax file numbers
245Section 57 amended (Maori authority to make returns of income)
246Section 57B amended (Return requirements for multi-rate PIEs)
247Section 61 amended (Disclosure of interest in foreign company or foreign investment fund)
248New section 63B inserted (Disclosure requirements for exempt ESSs)
63BDisclosure requirements for exempt ESSs
249Section 67 repealed (Company dividend statement when ICA company declares dividend)
251Section 68B repealed (Distribution statement required when Maori authority makes distribution)
252Section 70 amended (Annual ICA return to be furnished if: required by Commissioner; requirement for imputation credit account ceases; or balance retrospectively reduced to debit or to less than refund)
253Section 74 amended (Annual ICA return to be furnished in respect of consolidated imputation group)
253BSection 78D amended (Evidential requirements for tax credits)
254Section 80A amended (Application)
255Section 80D amended (Commissioner must issue income statement)
256Section 80F amended (Taxpayer obligations and assessment on receipt of income statement)
257Section 80KT amended (Details of payments of tax credits)
259Section 85H amended (Disclosure of information for purposes of Parental Leave and Employment Protection Act 1987)
260Section 91AAQ amended (Determination on insurer as non-attributing active CFC)
261Section 91FD amended (Disclosure requirements)
261BSection 91G amended (Effect of legislative change on binding ruling)
261CSection 91GA amended (Applying for ruling on effect of change in legislation)
261DSection 108B amended (Extension of time bars)
262Section 110 amended (Evidence of returns and assessments)
263Section 120C amended (Definitions)
264BSection 120KBB amended (Interest for most standard method and some estimation method provisional taxpayers)
264CSection 120KD amended (Provisional tax instalments in transitional years)
264DSection 120KD amended (Provisional tax instalments in transitional years)
264ENew section 120LB inserted (Meaning of unpaid tax and overpaid tax for certain transferees under AIM method)
120LBMeaning of unpaid tax and overpaid tax for certain transferees under AIM method
265New section 120X inserted (Petroleum miners’ tax losses)
120XPetroleum miners’ tax losses
266Section 120X repealed (Petroleum miners’ tax losses)
267Section 125 amended (Certain rights of objection not conferred)
268Section 139A amended (Late filing penalty for certain returns)
269Section 139AA amended (Non-electronic filing penalty)
270Section 141AA amended (Shortfall penalty if non-resident contractor relieved from all liability to pay tax on contract payment)
271Section 141ED amended (Not paying employer monthly schedule amount)
271BSection 141JA amended (Application of Part 9 to non-filing taxpayers)
272Section 142 amended (Due date for payment of late filing penalty)
273Section 142A amended (New due date for payment of tax that is not a penalty)
274New section 142AB inserted (New due date for new and increased assessments)
142ABNew due date for new and increased assessments
275Section 142G replaced (Due date for payment of non-electronic filing penalty)
142GDue date for payment of non-electronic filing penalties
275BSection 157 amended (Deduction of tax from payments due to defaulters)
276Section 173L amended (Transfer of excess tax within taxpayer’s accounts)
277Section 183A amended (Remission for reasonable cause)
277BSection 183C amended (Cancellation of interest)
278Section 183D amended (Remission consistent with collection of highest net revenue over time)
278BSection 183F amended (Small amounts of penalties and interest not to be charged)
279Section 183F amended (Small amounts of penalties and interest not to be charged)
280Section 185 amended (Payment out of Crown Bank Account)
281Sections 185C and 185D repealed
282New sections 227C and 227D inserted
227CTransitional provision: voluntary application of employment income information provisions
227DTransitional provision for certain filing requirements of employers
283New section 227E inserted (Transitional provision: application of investment income information provisions)
227ETransitional provision: application of investment income information provisions
284New schedules inserted
Part 4
Amendments to other enactments
KiwiSaver Act 2006
285KiwiSaver Act 2006
286Section 4 amended (Interpretation)
287Section 17 amended (How to opt out)
288Section 22 amended (Employees giving information to employers)
289Section 23 amended (Employers must give information to Commissioner)
290Section 34 amended (Opting in by person 18 years or more)
291Section 42 amended (Employer must supply information pack to certain employees)
292Section 60 amended (Application of subpart)
293Section 64 amended (Contribution rate)
294Section 67 amended (PAYE rules apply to deductions)
295Section 73 amended (Deductions entered in and paid out of holding account)
296Section 93 amended (Employer contributions paid via Commissioner)
297Section 97 replaced (Commissioner must give notice if employer contributions not remitted)
97Commissioner must give notice if employer contributions not remitted
298Section 98 amended (Short payments by employers if not enough money remitted to Commissioner to cover all of employees’ deductions and employer contributions)
299Section 98A amended (Quantifying short payments for the purposes of Income Tax Act 2007 and Tax Administration Act 1994)
300Section 99 amended (Short payments if not enough employer contribution remitted to cover all employees)
301Section 101D amended (Compulsory employer contribution amount: general rule)
Student Loan Scheme Act 2011
302Student Loan Scheme Act 2011
303Section 34 amended (Repayment codes for New Zealand-based borrowers who derive salary or wages)
304Section 37 amended (Deduction rates that apply to standard deductions from salary or wages)
304BSection 84 amended (Due dates for payment of interim payments)
305Section 202 amended (Provisions of Tax Administration Act 1994 and Income Tax Act 2007 to apply to this Act)
306Schedule 2 amended (Application of PAYE rules for purposes of section 70)
Goods and Services Tax Act 1985
307Goods and Services Tax Act 1985
308Section 2 amended (Interpretation)
309Section 2A amended (Meaning of associated persons)
309BSection 20H amended (Goods and services tax incurred in making financial services for raising funds)
310Section 25 amended (Credit and debit notes)
310BSection 25AB amended (Consequences of change in contract for secondhand goods)
311Section 53 amended (Registered person to notify change of status)
Child Support Act 1991
312Child Support Act 1991
313Section 89D amended (Exemption for long-term prisoners)
314Section 89F amended (Exemption does not apply at any time during child support year if income criteria not met at any time during relevant period)
314BSection 163 amended (Payment of deductions to Commissioner)
Accident Compensation Act 2001
314CAccident Compensation Act 2001
314DSection 6 amended (Interpretation)
314ESection 15 amended (Earnings as a shareholder-employee)
314FSection 246 amended (Information available to Corporation)
315Schedule 4 amended (Deductions on account of earner levies)
Income Tax Act 2004
315BIncome Tax Act 2004
315CSection CD 33 amended (Available capital distribution amount)
316Section EA 2 amended (Other revenue account property)
Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017
316BSection 2 amended (Commencement)
Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017
316CSection 32 repealed (Section LA 6 amended (Remaining refundable credits: PAYE, RWT, and certain other items))
316DSection 57 repealed (New section 120LB inserted (Meaning of unpaid tax and overpaid tax for tax credit transferees under AIM method))
Health and Safety at Work Act 2015
316ESection 201 amended (Funding levy)
Compensation for Live Organ Donors Act 2016
316FSchedule 2 amended (Setting rate of earnings compensation)
Regulations
317Income Tax (Payroll Subsidy) Regulations 2006
318Anti-Money Laundering and Countering Financing of Terrorism (Class Exemptions) Notice 2014
319Accident Compensation (Earners’ Levy) Regulations 2017
320Income Tax (Employment-related Remedial Payments) Regulations 2017
Schedule 1
Consequential amendments to Income Tax Act 2007 related to trustee capacity
Schedule 1B
Consequential amendments to other enactments related to tax administration
Schedule 2
New schedules 3 to 6 inserted
Legislative history

The Parliament of New Zealand enacts as follows: