Plain language law

New Zealand law explained for everyone

Tax Administration Act 1994

Determinations

90AG: Maori authority arrangements to obtain tax advantage

You could also call this:

"Rules about arrangements that help Māori authorities pay less tax"

Illustration for Tax Administration Act 1994

You can make arrangements to get a tax advantage. The Commissioner checks if the arrangement is allowed under the Income Tax Act 2007. They decide if the arrangement gives you an account advantage or a tax credit advantage. You get a notice if the Commissioner makes a decision about your arrangement. The notice tells you about the decision and how it affects you. It can be included with your tax assessment or another determination. The Commissioner must tell you about their decision as soon as they can. If they forget to tell you, it does not change their decision. You can find more information about tax advantages in section GB 42 of the Income Tax Act 2007.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1264813.

Topics:
Money and consumer rights > TaxesMāori affairs > Māori land
Previous

90AF: Imputation arrangement to obtain tax advantage, or

"Stopping tax arrangements that are not fair"

Next

90A: Determinations in relation to apportionment of interest costs, or

"The Commissioner decides how to share interest costs in financial arrangements."

Part 5Determinations

90AGMaori authority arrangements to obtain tax advantage

  1. If an arrangement to obtain a tax advantage arises as described in section GB 42 of the Income Tax Act 2007, the Commissioner may make any of the following determinations:

  2. a determination whether the arrangement results in an account advantage, a tax credit advantage, or both:
    1. a determination whether a streaming arrangement as described in section GB 42(3) of that Act is subject to section GB 43(1) or (2) of that Act:
      1. a determination of the amount of the Maori authority credit that is subject to the arrangement:
        1. a determination of the tax year in which the arrangement commenced, being the year in which the first reasonably identifiable step in the arrangement took place.

          1. The Commissioner must give notice of any determination under subsection (1) to the Maori authority whose account is affected by the arrangement, as soon as is convenient.

          2. The notice may be included in—

          3. a notice of assessment under section 111(1); or
            1. a determination under section 104B.

              1. Failure to comply with subsection (2) does not invalidate the determination.

              Notes
              • Section 90AG: inserted, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).