Telecommunications Act 2001

Telecommunications service obligations - Amounts payable by liable persons to the Crown - Requirement to produce certain information

81A: Application of subpart if non-liable person acquires assets of liable person

You could also call this:

"Buying assets from someone who pays a levy might mean you have to pay it too"

Illustration for Telecommunications Act 2001

If you buy assets from someone who has to pay a levy, you might have to pay it too. This happens if the person you bought the assets from used them to make money and had to pay the telecommunications development levy. You have to pay the levy on the money the assets make, even if some of that money was made before you owned the assets, as determined under section 88(b) and section 89.

If you buy assets but do not make enough money from them, you do not have to pay the levy. You are not considered a liable person if you do not receive the minimum amount of telecommunications revenue. This rule applies to you even if the previous owner of the assets had to pay the levy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7242720.


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Part 3Telecommunications service obligations
Amounts payable by liable persons to the Crown: Requirement to produce certain information

81AApplication of subpart if non-liable person acquires assets of liable person

  1. Subsection (2) applies if, during a financial year, a liable person disposes of assets used to generate qualified revenue and a person who acquires those assets is a non-liable person.

  2. The acquirer of the assets must, in relation to revenue associated with those assets, pay the amount of the telecommunications development levy determined under section 88(b), and any further amounts that may be payable to the Crown under section 89, as if the acquirer were the liable person, regardless of whether any part of the revenue taken into account in calculating that liability was received before the person acquired the assets.

  3. To avoid doubt, an acquirer of assets who does not receive the minimum telecommunications revenue is not a liable person.

Notes
  • Section 81A: inserted, on , by section 10 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).