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Tax Administration Act 1994

Determinations - Determinations relating to prepayments

91AAC: Exemptions from section EA 3 of Income Tax Act 2007

You could also call this:

"Exceptions to income tax rules for some people or groups"

Illustration for Tax Administration Act 1994

The Commissioner can decide if you do not have to follow section EA 3 of the Income Tax Act 2007. They consider the type and amount of expenses you regularly have. They also think about the size of your activity and the costs of following the rules. The Commissioner can change their decision at any time. When the law says "person", it can mean one person or a group of people. You can find more information about this in the Income Tax Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM353632.

Topics:
Money and consumer rights > Taxes
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Part 5Determinations
Determinations relating to prepayments

91AACExemptions from section EA 3 of Income Tax Act 2007

  1. For the purposes of section EA 3 of the Income Tax Act 2007, the Commissioner may determine whether and the extent to which a person is not required to comply with section EA 3 of the Act in relation to an unexpired portion of expenditure (except expenditure on employment income for services that have been performed), having regard to—

  2. the nature and amount of the kinds of expenditure that the person regularly incurs:
    1. the nature and size of the activity giving rise to the expenditure that the person incurs:
      1. the costs of the person in complying with section EA 3 of the Act:
        1. whether, for the person and the expenditure, the difference between expenditure incurred under section EA 3 of the Act and expenditure that would be allowed as a deduction if the Commissioner were to exercise the discretion under this section is not material.

          1. The Commissioner may cancel a determination under this section at any time.

          2. In this section, a reference to a person includes a class of persons.

          Compare
          • s EF 1(3), (4)
          Notes
          • Section 91AAC: inserted, 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 91AAC heading: 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 91AAC(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).