Tax Administration Act 1994

Binding rulings - Product rulings

91FK: Treatment of information

You could also call this:

"What happens to the information you give when you apply for a product ruling"

Illustration for Tax Administration Act 1994

When you apply for a product ruling, you give information to the Commissioner. The Commissioner uses this information to make a decision about the product ruling. The Commissioner can check the facts in the information you provide, but they do not have to, and they can also check the facts later, outside of the product ruling process, by inquiring into the existence or correctness of the facts contained in the information you supplied, as stated in section 168 of the Taxation Act. The Commissioner makes the product ruling based on the information you give them. The Commissioner is not stopped from checking the facts just because they use the information to make the product ruling.

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Part 5ABinding rulings
Product rulings

91FKTreatment of information

  1. Information supplied to the Commissioner by the applicant for a product ruling is the basis on which the Commissioner makes a product ruling.

  2. Despite subsection (1), the Commissioner,—

  3. as part of the process of making a product ruling, may, but does not have to, inquire into the existence or correctness of facts contained in the information supplied before making the product ruling:
    1. is not stopped by the process of making the product ruling or by the use of the information as the basis of the product ruling from inquiring, outside the process of making the ruling or subsequent to making the ruling, into the existence or correctness of facts contained in the information supplied.
      Notes
      • Section 91FK: inserted, on , by section 168 of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).