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Tax Administration Act 1994

Information, record-keeping, and returns - Returns - Foreign dividends

75: Notification of amalgamation to Commissioner

You could also call this:

"Tell the Commissioner when companies merge"

Illustration for Tax Administration Act 1994

When companies amalgamate, you must tell the Commissioner within 63 working days. You do this after documents are delivered to the Registrar of Companies for registration under Part 13 or Part 15 of the Companies Act 1993. You give the Commissioner your company details and the amalgamation date. You also tell the Commissioner the name and tax file number of each company involved. The Commissioner needs to know the date the amalgamation takes effect and any other information they require. If your company has a non-standard balance date, you must tell the Commissioner this too. You give the Commissioner notice in a form they approve, with all the required details. This includes the date the amalgamation takes effect and any other information the Commissioner needs. The Commissioner uses this information to keep track of your company's tax details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM352101.

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76: Amalgamated company to assume rights and obligations of amalgamating company, or

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Part 3Information, record-keeping, and returns
Returns: Foreign dividends

75Notification of amalgamation to Commissioner

  1. Where an amalgamation occurs, the amalgamated company shall, within 63 working days of the date upon which—

  2. documents evidencing the amalgamation are delivered to the Registrar of Companies for registration under Part 13 or Part 15 of the Companies Act 1993; or
    1. in the case of an amalgamation of building societies, the notice of the transfer of all engagements is registered under section 34(3) of the Building Societies Act 1965 or the Taxation (Tax Administration and Remedial Matters) Act 2011 receives the Royal assent (whichever is later); or
      1. in the case of any amalgamation under section 24A of the Co-operative Dairy Companies Act 1949, the extraordinary resolution referred to in subsection (3)(g) of that section is passed; or
        1. in the case of any amalgamation occurring under foreign law, the equivalent procedure occurs under foreign law,—
            1. give notice to the Commissioner, in such form as the Commissioner may approve, detailing—
          1. the name and tax file number (if any) of each amalgamating company and the amalgamated company; and
            1. the date upon which the amalgamation has effect (being the date provided by paragraph (ab) in the case of an amalgamation of building societies); and
              1. in any case where the amalgamated company has a non-standard balance date, the non-standard balance date; and
                1. such other information as the Commissioner may require.

                  Compare
                  • 1976 No 65 s 191WD(3)
                  • 1994 No 76 s 29
                  Notes
                  • Section 75: 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 75(a): amended, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).
                  • Section 75(ab): inserted (with effect on 30 September 2010), on , by section 160(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
                  • Section 75(e): amended (with effect on 30 September 2010), on , by section 160(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).