Income Tax Act 2007

Taxation of certain entities - Agents

HD 9: Guardians

You could also call this:

“Rules for guardians managing income for those unable to do so themselves”

If you’re looking after someone who can’t manage their own money because of a legal reason, this law applies to you. It says that you’re acting as their agent when you handle their income. This means you’re responsible for dealing with the money they earn.

You might be looking after this person as their guardian or manager. The law treats you as if you’re acting for them when you receive their income, control how it’s used, or spend it for them.

Remember, this only applies when the person you’re helping is considered to have a ‘legal disability’. This means they can’t manage their own affairs for some legal reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1517397.

Topics:
Money and consumer rights > Taxes
Family and relationships > Adoption and guardianship

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“When someone can be treated as a tax agent for another person”


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Part H Taxation of certain entities
Agents

HD 9Guardians

  1. A person (person A) is treated as an agent of another person (person B) if, as guardian, manager, or otherwise, person A receives, controls, or disposes of income that person B derives while under a legal disability.

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