Tax Administration Act 1994

Binding rulings - Product rulings

91FA: Effect of a product ruling

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"What happens when you get a product ruling on tax"

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If you get a product ruling on a taxation law, it applies to an arrangement and a tax type for that arrangement. You must apply the taxation law in the way stated in the ruling. The Commissioner must also apply the taxation law in the same way for you, the tax type, and the arrangement. If you have already applied the ruling, but then you give the Commissioner a notice to change it, this rule does not apply. The Commissioner is in charge of making sure the taxation law is applied correctly, and they must follow the product ruling when dealing with your taxes.

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Part 5ABinding rulings
Product rulings

91FAEffect of a product ruling

  1. Notwithstanding anything in any other Act, if—

  2. a product ruling on a taxation law applies to an arrangement and a tax type for an arrangement; and
    1. a person who enters into the arrangement applies the taxation law for the tax type in the way stated in the ruling,—
      1. the Commissioner must apply the taxation law in relation to the person, the tax type, and the arrangement in accordance with the ruling.

      2. Subsection (1) does not apply if a taxpayer has issued the Commissioner with a notice of proposed adjustment to change the effect of a ruling previously applied by the taxpayer.

      3. Repealed
      Notes
      • Section 91FA: inserted (with effect on 1 April 1995), on , by section 10 of the Tax Administration Amendment Act 1995 (1995 No 24).
      • Section 91FA(1): amended, on , by section 161(3) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
      • Section 91FA(1)(a): amended, on , by section 161(1) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
      • Section 91FA(1)(b): amended, on , by section 161(2) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
      • Section 91FA(1A): inserted, on (applying on and after 20 May 1999), by section 90(1) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
      • Section 91FA(2): repealed, on (applying on and after 20 May 1999), by section 90(2) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).