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Tax Administration Act 1994

Information, record-keeping, and returns - Statements, notices, and certificates

32A: Records to be provided by employer who contributes to superannuation fund

You could also call this:

"Employers must give you records of their superannuation contributions when asked"

Illustration for Tax Administration Act 1994

If you are a member of a superannuation fund, your employer must give you records of their superannuation cash contributions. They must do this when you or a trustee of the fund asks for the records. The records must show the contributions made in the four tax years before you withdraw money from the fund, as described in section CS 1 of the Income Tax Act 2007. You will get the records within 20 working days of asking for them. The person giving you the records must provide the information they have. When working out the superannuation fund's income under section CS 1 of the Income Tax Act 2007, you can rely on the records given to you. The information in the records is treated as correct unless you have a good reason to think it is not correct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM350798.

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32B: Certification requirements for withdrawals subject to section CS 1 of Income Tax Act 2007, or

"Rules for approving withdrawals from some savings plans"

Part 3Information, record-keeping, and returns
Statements, notices, and certificates

32ARecords to be provided by employer who contributes to superannuation fund

  1. On application of a member or a trustee of a superannuation fund acting on a member's behalf, a member's employer, or a member's past employer, must provide the member or trustee with a record of all employer's superannuation cash contributions made by the employer on the member's behalf in each of the 4 tax years before the tax year in which a withdrawal, being one to which section CS 1 of the Income Tax Act 2007 applies, is made.

  2. Repealed

  3. A person who receives an application under subsection (1) must provide the information, to the extent it is held or can be accessed, no later than 20 working days after the date on which the application is made.

  4. When calculating the superannuation fund's income under section CS 1 of the Income Tax Act 2007, the member and the trustee are entitled to rely on information provided under this section as being correct, and the information provided is treated as being correct unless the member or the trustee has reasonable grounds for believing that the information provided is not correct.

Notes
  • Section 32A: inserted, on (applying on and after 14 September 2000), by section 35(1) of the Taxation (FBT, SSCWT and Remedial Matters) Act 2000 (2000 No 34).
  • Section 32A(1): amended, on , by section 101(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
  • Section 32A(1): amended (with effect on 1 April 2008), on (applying for 2008–09 and later income years), by section 614(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
  • Section 32A(1): amended, 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).
  • Section 32A(1): amended, on (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
  • Section 32A(2): repealed, on , by section 101(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
  • Section 32A(3): replaced, on , by section 101(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
  • Section 32A(4): amended, 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).
  • Section 32A(4): amended, on (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).