Tax Administration Act 1994

Information, record-keeping, and returns - Returns - Returns, etc

36: Commissioner may approve furnishing of return information by electronic means

You could also call this:

"Sending tax returns online with the Commissioner's approval"

Illustration for Tax Administration Act 1994

The Commissioner can let you send return information by electronic means. You can send this information if the Commissioner gives you approval. The Commissioner can give approval to you or your agent. The Commissioner's approval can be for you or for a group of people like you. The approval can be for one or more types of returns. The Commissioner can set conditions for the approval. If you send return information electronically, you must keep a copy of the information. You can keep a hard-copy transcript or an electronic copy that meets the requirements of the Contract and Commercial Law Act 2017. The information you send will be treated like a return you furnished under the Tax Administration Act or the Goods and Services Tax Act 1985.

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 It might be out of date or be missing some parts.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=DLM351127.


Previous

35: Power of Commissioner to prescribe forms, or

"The Commissioner can create tax forms for you to fill out."


Next

36A: Electronic format of employer monthly schedule and PAYE payment form, or

"Employers sending monthly schedules and payments online"

Part 3Information, record-keeping, and returns
Returns: Returns, etc

36Commissioner may approve furnishing of return information by electronic means

  1. For the purposes of this Act, the Income Tax Act 2007, and the Goods and Services Tax Act 1985, the Commissioner may give approval to any taxpayer or registered person, or to any agent of any taxpayer or registered person, to transmit by electronic means in the prescribed electronic format the information contained in any return of the taxpayer or registered person.

  2. Any approval given under subsection (1)—

  3. may relate to an individual taxpayer or registered person or agent or to any class or classes of taxpayers or registered persons:
    1. may relate to any 1 or more classes of return:
      1. shall be subject to any conditions that may be specified by the Commissioner, whether generally or in any particular case.
        1. Where a taxpayer or registered person, or agent of a taxpayer or registered person, transmits to the Commissioner in the prescribed electronic format the information contained in any return of the taxpayer or registered person in accordance with an approval given under subsection (1),—

        2. the taxpayer or registered person shall retain or cause to be retained the information in—
          1. a hard-copy transcript:
            1. an electronic form meeting the requirements of section 229 of the Contract and Commercial Law Act 2017; and
            2. if no electronic form under paragraph (a)(ii) of a return is retained, and the return is not an employer monthly schedule or annual reconciliation statement under section 57B, the hard-copy transcript must be signed under section 40 and held by the taxpayer or registered person on behalf of the Commissioner; and
                1. the information transmitted to the Commissioner shall be treated for the purposes of this Act and the Goods and Services Tax Act 1985 as if it were a return furnished under such provisions of this Act or the Goods and Services Tax Act 1985 as relate to the kind of return in question.
                  1. Repealed
                  Notes
                  • Section 36: replaced, on , by section 4(1) of the Tax Administration Amendment Act (No 3) 1995 (1995 No 77).
                  • Section 36(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 36(3)(a): replaced, on , by section 182 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                  • Section 36(3)(a)(ii): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                  • Section 36(3)(b): replaced, on , by section 182 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                  • Section 36(3)(ba): repealed, on , by section 182 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                  • Section 36(4): repealed, on , by section 302 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).