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Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Bill
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Hon Stuart Nash
Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Bill
Government Bill
72—3
Contents
Key
1
Title
2
Commencement
Part 1
Annual rates of income tax
3
Annual rates of income tax for 2018–19 tax year
Part 2
Amendments to Tax Administration Act 1994
4
Tax Administration Act 1994
5
Section 3 amended (Interpretation)
6
Section 4A amended (Construction of certain provisions)
12
Section 15 amended (Annual report)
13
Section 15B amended (Taxpayer’s tax obligations)
14
Part heading and sections 15C to 15Z renumbered
15
New subpart 3A inserted (Collection, use, and disclosure of revenue information)
Subpart 3A—Collection, use, and disclosure of revenue information
16
Purposes of subpart
16B
Principles on which subpart based
16C
Key terms
Collection of information
17
Commissioner may obtain information by accessing property or documents
17B
Commissioner may require information or production of documents
17C
Commissioner’s powers in relation to documents
17D
Warrants
17E
Information or documents treated as in persons’ knowledge, possession, or control
Particular information demands and inquiries
17F
Commissioner may require information about offshore payments
17G
Commissioner may require information from large multinational groups
17H
Court may make order for provision of information
17I
Commissioner may conduct inquiries
17J
Commissioner may apply for District Court Judge to conduct inquiries
17K
Questions and statements made in inquiries
Regulations
17L
Regulations providing for regular collection of bulk data
Use of information
17M
Use of information
Confidentiality of information
18
Confidentiality of sensitive revenue information
18B
Requirements for revenue officers and other persons
Permitted disclosures
18C
Permitted disclosures
18D
Disclosures made in carrying into effect revenue laws
18E
Disclosures made under information-sharing arrangements
18F
Regulations for information-sharing for public services purposes
18G
Disclosures to persons and their representatives
18H
Disclosures to other agencies for certain specified purposes
18I
Disclosures for international purposes
18J
Disclosures for risk of harm purposes
16
New subpart heading inserted (Subpart 3AB—Tax advice documents)
17
Subpart heading amended (Subpart 3AC—Taxpayers’ obligations to keep records)
18
Section 21 repealed (Information requisitions in relation to offshore payments)
19
Section 21BA repealed (Information required to be provided by large multinational group)
20
Section 22 amended (Keeping of business and other records)
21
New subpart inserted (Subpart 3B—Reporting of income information by individuals)
Subpart 3B—Reporting of income information by individuals
22C
Outline of subpart
22D
Key terms
22E
Information included in pre-populated accounts
22F
Information requirements
22H
Amending accounts for incorrect or missing information
22HB
Finalising accounts
22I
Returns and assessments
22IB
Commissioner’s power in relation to certain amounts of tax payable
22J
No obligation to provide information: de minimis and certain other amounts
22K
Information particulars
22L
Setting electronic and non-electronic requirements
22
Section 23 amended (Keeping of returns where information transmitted electronically)
23
Subparts 3C and 3D amended
24
Section 23C amended (Meaning of employment income information)
25
Section 23D amended (Employers’ groups for delivery of information)
26
Section 24B amended (PAYE tax codes)
27
Section 24D amended (Tax codes provided by the Commissioner)
28
New section 24DB inserted (Use of unsuitable tax codes)
24DB
Use of unsuitable tax codes
29
Section 24Q amended (Transfer of payroll donations by employers)
30
Section 25A replaced (Use of inconsistent RWT rates)
25A
Use of unsuitable RWT rates
31
Subpart 3E amended (Subpart 3E—Investment income information)
31B
Section 25D amended (Investment income information)
31C
Section 28B amended (Notification of investors’ tax file numbers)
32
Section 31C amended (Notification requirements for multi-rate PIEs)
33
Section 32E amended (Applications for RWT exemption certificates)
34
Section 33 amended (Returns of income)
35
Sections 33AA, 33C, and 33D repealed
36
Section 34B repealed (Commissioner to list tax agents)
37
Section 36BB amended (Electronic format for details required for tax pooling intermediaries)
38
Section 36BD amended (Electronic filing requirements for registered persons)
39
Section 37 amended (Dates by which annual returns to be furnished)
40
Section 38 amended (Returns to annual balance date)
41
Section 41 amended (Annual returns by persons who receive family assistance credit)
42
Section 41A amended (Returns by persons with tax credits for charitable or other public benefit gifts)
43
Section 42C amended (Income tax returns by undischarged bankrupt)
44
Section 43 amended (Income tax returns and assessments by executors or administrators)
44B
Section 46 amended (Employers to make returns as to employees)
45
Section 47 amended (ESCT statements provided by employers and others)
46
Section 55B amended (Information relating to offshore persons and tax file numbers)
47
Part 3A repealed (Part 3A—Income statements)
47B
Section 80KA amended (Applications for payment of tax credit by instalment)
48
Section 80KM amended (Summary of instalments paid)
48B
Section 80KN amended (Payment of tax credit by chief executive)
49
Heading and sections 81 to 88 repealed
50
Section 89 amended (Commissioner to notify Minister where funds of gift-exempt body applied for non-charitable purpose, etc)
51
Section 89C amended (Notices of proposed adjustment required to be issued by Commissioner)
52
Section 89D amended (Taxpayers and others with standing may issue notices of proposed adjustment)
52B
Section 89N amended (Completing the disputes process)
54
Section 91C amended (Taxation laws in respect of which binding rulings may be made)
55
New sections 91CB and 91CC inserted
91CB
Binding rulings on certain matters
91CC
Binding rulings on certain determination matters
55B
Section 91CB amended (Binding rulings on certain matters)
56
Section 91E amended (Commissioner to make private rulings on application)
57
Section 91EA amended (Effect of a private ruling)
58
Section 91EB amended (Application of a private ruling)
58B
Section 91ED amended (Disclosure requirements)
59
Section 91EF amended (Assumptions in making a private ruling)
60
Section 91EH amended (Content and notification of a private ruling)
61
New heading and new sections 91EK to 91ET inserted
Short-process rulings
91EK
Commissioner may make short-process rulings
91EL
Applying for short-process ruling
91EM
Effect of short-process ruling
91EN
Application of short-process ruling
91EO
Disclosure requirements
91EP
Commissioner may request further information
91EQ
Conditions on which short-process ruling based
91ER
Right to consultation
91ES
Content and notification of short-process ruling
91ET
Treatment of information
62
Section 91F amended (Commissioner may make product rulings)
63
Section 91FB amended (Application of a product ruling)
64
Section 91FC amended (Applying for a product ruling)
65
Section 91FF amended (Assumptions in making a product ruling)
66
Section 91FH amended (Content and notification of a product ruling)
67
Section 91GB amended (Commissioner to make status rulings on application)
68
Section 92 amended (Taxpayer assessment of income tax)
69
Section 106 amended (Assessment where default made in furnishing returns)
70
Section 108 amended (Time bar for amendment of income tax assessment)
70B
Section 108B amended (Extension of time bars)
71
Section 110 amended (Evidence of returns and assessments)
72
Section 111 amended (Commissioner to give notice of assessment to taxpayer)
73
Section 113A replaced (Correction of minor errors in subsequent returns)
113A
Correction of certain errors in subsequent returns
74
Section 120C amended (Definitions)
75
Section 120F amended (Interest priority and rights of Commissioner)
76
Section 120KB amended (Provisional tax instalments and due dates generally)
76BA
Section 120KBB amended (Interest for most standard method and some estimation method provisional taxpayers)
76B
Section 120L amended (Meaning of unpaid tax and overpaid tax for provisional tax purposes)
77
New section 120VD inserted (Interest on tax credits for charitable or other public benefit gifts)
120VD
Interest on tax credits for charitable or other public benefit gifts
78
Section 124A renumbered (Application of Part 8)
79
New Part 7B inserted (Part 7B—Third-party providers)
Part 7B
Third-party providers
124B
What this Part does
Tax agents, representatives, and nominated persons
124C
Tax agents
124D
Representatives
124E
Information requirements for tax agents and representatives
124F
Nominated persons
124G
Refusal, removal, or disallowance of status of tax agents, representatives, and nominated persons
80
Section 124H amended (PAYE intermediaries and listed PAYE intermediaries)
81
Sections 124L, 124M, and 124N repealed
82
Section 124O amended (Employers’ arrangements with PAYE intermediaries)
83
Section 124R repealed (Subsidy claim forms)
84
Section 125 amended (Certain rights of objection not conferred)
85
Section 135 amended (Powers of Taxation Review Authority on determination of objection or case stated)
86
Section 136 amended (When objection may be referred directly to High Court)
87
Section 138A amended (Application of this Part)
88
Section 138E amended (Certain rights of challenge not conferred)
89
Section 139A amended (Late filing penalty for certain returns)
89B
Section 139B amended (Late payment penalty)
90
Section 141B amended (Unacceptable tax position)
91
Section 141B amended (Unacceptable tax position)
92
Section 141JA amended (Application of Part 9 to non-filing taxpayers)
93
Section 143 amended (Absolute liability offences)
95
Section 143C amended (Offence for failure of officers of department to maintain secrecy)
96
Sections 143D and 143E replaced
143D
Offences related to disclosure of certain information by persons other than revenue officers
143E
Offences related to disclosure of certain information to employees
143EB
Offences related to disclosure of certain information by employers and directors
96B
Section 173L amended (Transfer of excess tax within taxpayer’s accounts)
98
Section 184A amended (Refund of tax paid in excess made by direct credit to bank account)
98B
New section 225AB inserted (Order in Council amending schedule 18B of Income Tax Act 2007)
225AB
Order in Council amending schedule 18B of Income Tax Act 2007
98C
New section 227EB inserted (Transitional provisions: publication requirements related to RWT-exempt status and certain exemption certificates)
227EB
Transitional provisions: publication requirements related to RWT-exempt status and certain exemption certificates
99
New section 227F inserted (Transitional provisions related to information disclosures)
227F
Transitional provisions related to information disclosures
99B
New section 227G inserted (Transitional provision related to individuals’ income information)
227G
Transitional provision related to individuals’ income information
100
Schedule 4 amended (Reporting of employment income information)
101
Schedule 5 amended (Certain tax codes and rates)
101B
Schedule 6 amended (Reporting of investment income information)
102
New schedules inserted
102B
Schedule 8 amended (Reporting of income information by individuals and treatment of certain amounts)
Part B
Treatment of certain amounts
1
Writing off certain amounts of tax payable
2
Exclusions
3
Small amounts of tax payable
103
Consequential amendments
Part 3
Amendments to Income Tax Act 2007
104
Income Tax Act 2007
104B
Section CB 6A amended (Disposal within 5 years: bright-line test for residential land)
105
Section CB 9 amended (Disposal within 10 years: land dealing business)
106
Section CB 10 amended (Disposal within 10 years: land development or subdivision business)
107
Section CB 11 amended (Disposal within 10 years of improvement: building business)
108
Section CB 15 amended (Transactions between associated persons)
108B
Section CB 15C amended (Council-controlled organisations and other companies)
109
New heading and new section CB 15D inserted
Exclusions for Housing New Zealand Corporation and wholly-owned group
CB 15D
Housing New Zealand Corporation and wholly-owned group
110
Section CB 16A amended (Main home exclusion for disposal within 5 years)
111
Section CB 16 amended (Residential exclusion from sections CB 6 to CB 11)
112
Section CB 17 amended (Residential exclusion from sections CB 12 and CB 13)
113
Section CB 18 amended (Residential exclusion from section CB 14)
114
Section CB 27 amended (Income equalisation schemes)
115
Section CB 28 amended (Environmental restoration accounts)
116
Section CD 3 amended (Meaning of dividend)
117
Section CD 5 amended (What is a transfer of value)
118
Section CD 6 amended (When is a transfer caused by a shareholding relationship?)
118B
Section CD 29C replaced (Transfers to shareholders by ASX-listed Australian company of shares in subsidiary)
CD 29C
Transfers to shareholders by ASX-listed Australian company of shares in subsidiary
119
Section CE 1 amended (Amounts derived in connection with employment)
119B
New sections CG 8B and CG 8C inserted
CG 8B
Recoveries after deductions for high-priced bloodstock removed from New Zealand
CG 8C
Recoveries after deductions for high-priced bloodstock disposed of to non-residents
120
Section CV 1 amended (Group companies)
121
Section CV 2 amended (Consolidated groups: income of company in group)
122
Section CW 9 amended (Dividend derived from foreign company)
123
Section CW 19 amended (Amounts derived during short-term visits)
123B
Section CW 35 amended (Personal service rehabilitation payments)
124
New section CW 38B inserted (Public purpose Crown-controlled companies)
CW 38B
Public purpose Crown-controlled companies
124B
Section CW 41 amended (Charities: non-business income)
125
Section CW 42 amended (Charities: business income)
125B
New section CW 52B inserted (Disability support services)
CW 52B
Disability support services
126
Section CX 10 amended (Employment-related loans)
127
Section CX 27 amended (Assistance with tax returns)
128
Section CX 51 amended (Income equalisation schemes)
128B
Section CX 60 amended (Intra-group transactions)
128C
Section CZ 25 amended (Land and buildings as revenue account property affected by Canterbury earthquakes and replaced—insurance or compensation, Government purchase)
128D
New section CZ 25B inserted (Land and buildings as revenue account property affected by Hurunui/Kaikōura earthquakes and replaced—insurance or compensation)
CZ 25B
Land and buildings as revenue account property affected by Hurunui/Kaikōura earthquakes and replaced—insurance or compensation
128E
New section CZ 35 inserted (Treatment of backdated payments for social rehabilitation: 2008–09 to 2017–18 income years)
CZ 35
Treatment of backdated payments for social rehabilitation: 2008–09 to 2017–18 income years
128F
Section DB 18AA amended (Square metre rate method)
129
Section DB 41 amended (Charitable or other public benefit gifts by company)
130
Section DB 46 amended (Avoiding, remedying, or mitigating effects of discharge of contaminant)
130B
Section DF 4 amended (Payments for social rehabilitation)
131
Section DQ 2 repealed (Adverse event income equalisation scheme)
132
Section DV 12 amended (Maori authorities: donations)
133
Section DV 19 amended (Association rebates)
133BA
Section DZ 20 amended (Expenditure incurred while income-earning activity interrupted by Canterbury earthquake)
133B
Section EC 39 amended (First income year in breeding business)
133C
New section EC 39B inserted (Stud-founding bloodstock and related terms)
EC 39B
Stud-founding bloodstock and related terms
133D
Section EC 39B amended (Stud-founding bloodstock and related terms)
133E
New section EC 39C inserted (Setting and publication of national minimum price threshold)
EC 39C
Setting and publication of national minimum price threshold
133F
New sections EC 47B to EC 47E inserted
EC 47B
Removal of high-priced bloodstock from New Zealand after earlier deductions
EC 47C
When prospective breeders treated as being in breeding business
EC 47D
Change of prospective bloodstock breeders’ expectation or intention after earlier deductions
EC 47E
Prospective breeders commencing actual breeding businesses
133FB
Section ED 2B amended (Transfers to shareholders by ASX-listed Australian company of shares in subsidiary)
133G
Section EE 45 amended (Consideration for purposes of section EE 44)
134
Section EE 47 amended (Events for purposes of section EE 44)
135
Section EH 1 amended (Income equalisation schemes)
136
Section EH 4 amended (Main deposit)
137
Section EH 35 amended (Meaning of main maximum deposit)
138
Headings and sections EH 37 to EH 62 repealed
139
Section EK 2 amended (Persons who may make payment to environmental restoration account)
140
Section EK 11 amended (Application for refund)
141
Section EK 12 amended (Refund if application or excess balance)
142
Section EK 20 amended (Environmental restoration account of consolidated group company)
143
Section EK 23 amended (Other definitions)
144
Section EW 6 amended (Relationship between financial arrangements and excepted financial arrangements)
145
Section EW 14 amended (What spreading methods do)
146
Section EW 15E amended (Determination alternatives)
147
Section EW 15I amended (Mandatory use of yield to maturity method for some arrangements)
148
Section EW 32 amended (Consideration for agreement for sale and purchase (ASAP) of property or services, hire purchase agreement, specified option, or finance lease)
149
New section EW 33D inserted (Foreign ASAPs: contingencies for business combines)
EW 33D
Foreign ASAPs: contingencies for business
combines
combinations
150
Section EW 46C amended (Consideration when debt forgiven within economic group)
151
Section EX 56 amended (Cost method)
151BA
New section EZ 6B inserted (National minimum price threshold for 2019 calendar year)
EZ 6B
National minimum price threshold for 2019 calendar year
151B
Section EZ 23B amended (Property acquired after depreciable property affected by Canterbury earthquakes)
151C
Section EZ 23BB amended (Interest in property acquired after depreciable property affected by Canterbury earthquakes)
151D
Section EZ 70 amended (Insurance for Canterbury earthquake damage of property: treatment as disposal and reacquisition)
151E
Section EZ 71 amended (Insurance for Canterbury earthquake damage of property: limit on depreciation recovery income)
151F
Section EZ 72 amended (Item treated as available for use if access restricted due to Canterbury earthquake)
151G
Section EZ 73 amended (Insurance for Canterbury earthquake damage causing disposal: optional timing rule for income, deductions)
151H
Section EZ 74 amended (Insurance for repairs of Canterbury earthquake damage: optional timing rule for income, deductions)
152
New heading and new section EZ 80 inserted
Adverse event income equalisation accounts
EZ 80
Transfers of deposits when adverse event income equalisation accounts abolished
153
Section FC 2 amended (Transfer at market value)
153B
Section FE 5 amended (Thresholds for application of interest apportionment rules)
153C
Section FE 16B amended (Total group non-debt liabilities)
153D
Section FH 3 amended (Payments under financial instruments producing deduction without income)
153E
Section FH 4 amended (Receipts under financial instruments producing deduction without income)
153F
Section FH 5 amended (Payments by New Zealand resident or New Zealand deducting branch producing deduction without income)
153G
Section FH 10 amended (Expenditure or loss of dual resident company producing double deduction without double income)
153H
Section FH 12 amended (Offset of mismatch amounts against surplus assessable income)
153I
Section FH 15 amended (Definitions)
154
Section FM 9 amended (Amounts that are company’s income)
155
Section FM 15 amended (Amortising property and revenue account property)
156
Section FM 40 amended (Losing eligibility to be part of consolidated group)
156B
Section GB 54 amended (Arrangements involving establishments)
157
New heading and new section GB 55 inserted
Arrangements involving tax credits for charitable or other public benefit gifts
GB 55
Arrangements involving tax credits for charitable or other public benefit gifts
157B
Section GC 16 amended (Credit rating of borrower: other than insuring or lending person)
157C
Section GC 17 amended (Credit rating of borrower: insuring or lending person)
158
Section HC 10 amended (Complying trusts)
159
Section HC 15 amended (Taxable distributions from non-complying and foreign trusts)
160
Section HC 16 amended (Ordering rule for distributions from non-complying and foreign trusts)
161
Section HC 27 amended (Who is a settlor?)
162
Section HC 30 amended (Treatment of foreign trusts when settlor becomes resident)
163
Section HC 36 amended (Trusts and minor beneficiary rule)
164
Section HC 37 amended (Testamentary trusts and minor beneficiary rule)
165
Section HE 3 amended (Association rebates)
165B
Section HG 11 amended (Limitation on deductions by partners in limited partnerships)
166
Section HM 2 amended (What is a portfolio investment entity?)
166B
Section HM 12 amended (Income types)
167
Section HM 28 replaced (When listed PIE no longer meets crediting requirement)
HM 28
When listed PIE no longer meets requirements
168
Section HR 8 inserted (Transitional residents)
169
Cross-heading amended (Financial institution special purposes vehicles)
170
Section HR 9 replaced (Financial institution special purpose vehicles are transparent)
HR 9
Debt funding special purpose vehicles are transparent if election made by originator
171
New section HR 9BA inserted (Elections to treat debt funding special purpose vehicles as transparent)
HR 9BA
Elections to treat debt funding special purpose vehicles as transparent
172
Section HR 9B replaced (Bankruptcy-remote property during application of section HR 9)
HR 9B
Bankruptcy-remote property during application of section HR 9
173
Section HR 10 replaced (What happens when vehicle stops being financial institution special purpose vehicle?)
HR 10
What happens when vehicle stops being transparent debt funding special purpose vehicle?
174
Section HR 12 amended (Non-exempt charities: treatment of tax-exempt accumulations)
174B
New sections HZ 9 and HZ 10 inserted
HZ 9
Elections to treat existing debt funding special purpose vehicles as transparent
HZ 10
What happens when election is made under section HZ 9?
174C
Section LB 7 amended (Tax credits related to personal service rehabilitation payments: providers)
175
Section LD 1 amended (Tax credits for charitable or other public benefit gifts)
175B
Section LD 3 amended (Meaning of charitable or other public benefit gift)
176
Section LD 3 amended (Meaning of charitable or other public benefit gift)
177
Section LD 4 amended (Tax credits for payroll donations)
178
Section MC 6 amended (When person does not qualify)
179
Section MD 3 amended (Calculation of family tax credit)
180
Section MD 11 amended (Entitlement to parental tax credit)
181
Section MD 11 amended (Entitlement to parental tax credit)
182
Section MD 11 amended (Entitlement to parental tax credit)
183
Section MD 13 amended (Calculation of family credit abatement)
183B
Section MF 2 amended (When person not entitled to payment by instalment)
183C
Section MF 4 amended (Requirements for calculating instalment of tax credit)
184
Section MF 7 amended (Orders in Council)
184B
Section MK 2 amended (Eligibility requirements)
185
Section MZ 3 amended (Exclusions from determination of family scheme income)
186
Section OP 22 amended (Consolidated ICA group company’s credit)
187
Section RA 13 amended (Payment dates for terminal tax)
188
Section RB 3 amended (Schedular income tax liability for filing taxpayers for non-resident passive income)
189
Section RC 3 amended (Who is required to pay provisional tax?)
190
Section RC 5 amended (Methods for calculating provisional tax liability)
191
Section RC 9 amended (Provisional tax payable in instalments)
192
Section RC 10B amended (Calculating amount of instalment for periods using AIM method)
193
Section RD 2 amended (PAYE rules and their application)
195
Section RD 5 amended (Salary or wages)
196
Section RD 7 amended (Extra pay)
197
Section RD 8 amended (Schedular payments)
198
New section RD 8B inserted (Treatment of PAYE-related overpayments)
RD 8B
Treatment of PAYE-related overpayments
199
Section RD 17 amended ( Payment of extra pay with other PAYE income payments)
200
Section RD 22 amended (Providing employment income information to Commissioner)
201
Section RD 35 amended (Employment-related loans: value using market interest rates)
202
Section RD 64 amended (ESCT rules and their application)
203
Section RE 1 amended (RWT rules and their application)
204
Section RF 2B amended (Non-residential financial arrangement income: outline and concepts)
205
Section RF 2C amended (Meaning of non-residential financial arrangement income)
205B
Section RM 2 amended (Refunds for overpaid tax)
205C
Section RM 2 amended (Refunds for overpaid tax)
205D
Section RM 4 amended (Overpayment on amended assessment)
206
Section RM 5 repealed (Overpayments on income statements)
207
Section RM 16 amended (Treatment of amounts not refunded)
208
Section RM 22 amended (Limits on refunds for Maori authorities)
209
Section RM 25 amended (Treatment of amounts not refunded)
210
Section RM 31 amended (Treatment of amounts not refunded)
211
Section RP 14 amended (Collection, payment, and information requirements)
211B
Section RP 17B amended (Tax pooling accounts and their use)
211C
Section RP 19 amended (Transfers from tax pooling accounts)
211D
Section RP 19B amended (Transfers for certain expected tax liabilities)
212
Section RZ 14 amended (Listed PAYE intermediaries: transitional provision)
212B
New section RZ 15 inserted (Treatment of certain refunds made on income statements: 1 April 2008 to 31 March 2019)
RZ 15
Treatment of certain refunds made on income statements: 1 April 2008 to 31 March 2019
212C
New section RZ 16 inserted (Treatment of certain refunds not paid within 4-year period: 1 April 2008 to 31 March 2013)
RZ 16
Treatment of certain refunds not paid within 4-year period: 1 April 2008 to 31 March 2013
213
Section YA 1 amended (Definitions)
213B
Section YA 2 amended (Meaning of income tax varied)
214
Section YC 12 amended (Public unit trusts)
214B
Section YC 18 amended (Reverse takeovers)
214C
Section YC 18B amended (Corporate reorganisations not affecting economic ownership)
214D
Section YC 18C amended (Railways restructure not affecting Crown economic ownership)
214E
Section YC 19B amended (Treatment when certain trusts terminated)
214F
Section YD 4 amended (Classes of income treated as having New Zealand source)
214FB
New section YZ 5 inserted (New Zealand Memorial Museum Trust
—
Le Quesnoy: sunset)
YZ 5
New Zealand Memorial Museum Trust
—
Le Quesnoy: sunset
214G
New schedules 18B and 18C inserted
215
Schedule 19 amended (Expenditure in avoiding, remedying, or mitigating detrimental effects of discharge of contaminant)
216
Schedule 28 amended (Requirements for complying fund rules)
217
Schedule 29 amended (Portfolio investment entities: listed investors)
218
Schedule 32 amended (Recipients of charitable or other public benefit gifts)
219
New schedule 35 inserted (Public purpose Crown-controlled companies)
220
Consequential amendments
Part 4
Amendments to other enactments
Goods and Services Tax Act 1985
221
Goods and Services Tax Act 1985
222
Section 2 amended (Interpretation)
223
Section 2A amended (Meaning of associated persons)
223B
Section 5 amended (Meaning of term supply)
224
Section 6 amended (Meaning of term taxable activity)
225
Section 10 amended (Value of supply of goods and services)
225B
Section 11 amended (Zero-rating of goods)
225C
Section 20 amended (Calculation of tax payable)
225D
Section 20A amended (Goods and services tax incurred relating to determination of liability to tax)
226
Section 21 amended (Adjustments for apportioned supplies)
227
Section 53 amended (Registered person to notify change of status)
228
Section 55 amended (Group of companies)
228B
New section 88 inserted (Valuation: non-profit body making certain supplies, deregistering, or acquiring certain assets of non-profit body)
88
Valuation: non-profit body making certain supplies, deregistering, or acquiring certain assets of non-profit body
KiwiSaver Act 2006
229
KiwiSaver Act 2006
230
Section 4 amended (Interpretation)
230B
Section 15 amended (Effect of automatic enrolment)
231
Section 33 amended (Certain persons may opt in)
231B
Section 36 amended (Effect of opting in by employees)
232
Section 59A amended (When this subpart applies)
233
Section 59B amended (Initial back-dated validation)
234
Section 64 amended (Contribution rate)
234B
Section 101C amended (Employee’s requirements)
234C
Section 101G amended (Rules: providers)
235
Section 104 amended (Granting of contributions holiday)
235B
Section 112B amended (Non-deduction notices)
235C
New section 241 inserted (Protection from non-compliance: Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2018)
241
Protection from non-compliance: Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act
2018
236
Schedule 1 amended (KiwiSaver scheme rules)
4
Withdrawal age
237
Amendments to KiwiSaver Act 2006 related to nomenclature changes
Child Support Act 1991
238
Child Support Act 1991
239
Section 35 amended (Adjusted taxable income)
240
Section 81 amended (Notification requirement of parents)
241
Section 163 amended (Payment of deductions to Commissioner)
242
Consequential amendments
Student Loan Scheme Act 2011
243
Student Loan Scheme Act 2011
244
Section 34 amended (Repayment codes for New Zealand-based borrowers who derive salary or wages)
245
Section 35 amended (Borrowers with “SL” repayment code must notify employers)
246
Section 36 amended (Employer or PAYE intermediary must make standard deductions from salary or wages)
247
Section 57 amended (Consequences of exemption from standard deductions)
248
Section 60 amended (When exemption from standard deductions ceases to apply)
249
Schedule 2 amended (Application of PAYE rules for purposes of section 70)
Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018
250
Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018
250B
Section 6 amended (Section CB 6A (Disposal within 2 years: bright-line test for residential land))
250C
Section 7 amended (Section CB 16A (Main home exclusion for disposal within 2 years))
250D
Section 45 amended (Section DB 18A (Ring-fenced allocations: disposal of residential land within 2 years))
250E
Section 46 amended (Section DB 18AB (Deduction cap: disposal of residential land within 2 years to associated persons))
250F
Section 93 amended (Section FB 3A (Residential land))
250G
Section 95 amended (Section FC 9 (Residential land transferred to executor, administrator, or beneficiary on death of person))
250H
Section 107 amended (Section FO 10 (When property passes on resident’s restricted amalgamation))
250I
Section 108 amended (Section FO 17 (Land))
250J
Section 110 amended (Section GB 52 (Arrangements involving residential land: companies’ shares))
250K
Section 111 amended (Section GB 53 (Arrangements involving residential land: trusts))
251
Section 158 amended (Section LD 4 (Tax credits for payroll donations))
252
Sections 186, 215, 263, 265, 266, 268, 271, and 283 repealed
252B
Section 231 amended (Section RL 1 (Residential land withholding tax))
253
Section 240 amended (Section RP 14 (Collection, payment, and information requirements))
254
Section 243 amended (Section YA 1 (Definitions))
255
Section 261 amended (Section 3 (Interpretation))
256
Section 267 amended (Section 15L (Amended monthly schedules))
257
Section 285 amended (Section 25A (Use of inconsistent RWT rates))
257B
Section 321 amended (Section 54C (Information in relation to payment of RLWT))
258
Schedule 2 amended (Consequential amendments to other enactments related to tax administration)
Taxation (Neutralising Base Erosion and Profit Shifting) Act 2018
258B
Section 35 amended (New subpart FH inserted)
Families Package (Income Tax and Benefits) Act 2017
259
Families Package (Income Tax and Benefits) Act 2017
260
Section 2 amended (Commencement)
261
Sections 48 to 51 and 57 repealed
Income Tax Act 2004
262
Income Tax Act 2004
263
Section KD 2AB amended (Parental tax credit)
264
Section KD 2AB amended (Parental tax credit)
264B
Section MD 1 amended (Refund of excess tax)
264C
New section MD 1B inserted (Treatment of certain refunds made on income statements: 2005–06, 2006–07, and 2007–08 income years)
MD 1B
Treatment of certain refunds made on income statements: 2005–06, 2006–07, and 2007–08 income years
264D
New section MD 1C inserted (Treatment of certain refunds not paid within 4-year period: 2005–06, 2006–07, and 2007–08 income years)
MD 1C
Treatment of certain refunds not paid within 4-year period: 2005–06, 2006–07, and 2007–08 income years
Other enactments
Accident Compensation Act 2001
265
Schedule 4 amended (Deductions on account of earner levies)
Intelligence and Security Act 2017
266
Section 135 amended (Meaning of restricted information)
Financial Advisers Act 2008
267
Section 5 amended (Interpretation)
Financial Service Providers (Registration and Dispute Resolution) Act 2008
268
Section 4 amended (Interpretation)
Income Tax Act 1994
269
Section KD 2AB amended (Parental tax credit)
269B
Section MD 1 amended (Refund of excess tax)
269C
New section MD 1B inserted (Treatment of certain refunds made on income statements: 2000–01, 2001–02, 2002–03, and 2003–04 income years)
MD 1B
Treatment of certain refunds made on income statements: 2000–01, 2001–02, 2002–03, and 2003–04 income years
Taxation Review Authorities Act 1994
270
Section 12 amended (Officers to maintain secrecy)
Taxation Review Authorities Regulations 1998
271
Regulation 36 amended (Reports of decisions)
Tax Administration (Binding Rulings) Regulations 1999
272
Tax Administration (Binding Rulings) Regulations 1999
273
Regulation 2 amended (Interpretation)
274
Regulation 3 amended (Fees)
275
Regulation 5 amended (Indication of time for issue of ruling in certain cases)
276
Regulation 6 amended (Waiver of fees)
Schedule 1
New schedules 7 and 8 inserted
Schedule 1B
New schedules 18B and 18C inserted
Schedule 2
New schedule 35 inserted
Schedule 3
Consequential amendments in certain Inland Revenue Acts
Schedule 4
Renumbered provisions of Tax Administration Act 1994
Schedule 5
Subsection headings for certain subparts of Tax Administration Act 1994
Schedule 6
Amendments to KiwiSaver Act 2006 related to nomenclature changes
Legislative history
The Parliament of New Zealand enacts as follows: