Tax Administration Act 1994

Binding rulings - Product rulings

91FD: Disclosure requirements

You could also call this:

"Telling the Commissioner everything they need to know when asking for a product ruling"

Illustration for Tax Administration Act 1994

When you apply for a product ruling, you must identify yourself. You have to tell the Commissioner all the important facts and give them all the relevant documents about the arrangement you want a ruling for. If you are the person who set up the arrangement, you must make a statutory declaration that you have told the Commissioner all the important facts and that they are correct. You also have to explain why you cannot get a private ruling and why the characteristics of the people who may be part of the arrangement do not matter for the ruling. You need to say which tax laws you want the ruling to be about and which laws are relevant to the issues in your application. You must also give the Commissioner a draft ruling. The Commissioner can decide not to make you follow some of the rules if they think it is unreasonable to expect you to do so.

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This page was last updated on 28 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM354125.

Topics:

Money and consumer rights > Taxes

91FC: Applying for a product ruling, or

"Asking for a ruling on a tax law for a product or arrangement"

91FE: Commissioner may request further information, or

"The Commissioner can ask for more information when you apply for something."

Part 5ABinding rulings
Product rulings

91FDDisclosure requirements

An application for a product ruling must—
identify the applicant; and
disclose all relevant facts and documents relating to the arrangement for which the ruling is sought; and
if the person making the application is the promoter of the arrangement, make a statutory declaration that paragraph (b) has been complied with and that all relevant facts are correct; and
explain—
1. why it is not practicable to seek a private ruling; and
2. why the characteristics of the taxpayers who may enter into the arrangement are not relevant to the content of the ruling; and
state the taxation laws in respect of which the ruling is sought; and
state the propositions of law (if any) which are relevant to the issues raised in the application; and
provide a draft ruling.

If the Commissioner considers that it would be unreasonable to require the applicant to comply with any of the requirements in paragraphs (d) to (f) of subsection (1), the Commissioner may waive those requirements.

Notes

Section 91FD: inserted (with effect on 1 April 1995), on 10 April 1995, by section 10 of the Tax Administration Amendment Act 1995 (1995 No 24).
Section 91FD(1)(bb): inserted, on 7 September 2010, by section 164 of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
Section 91FD(1)(bb): amended (with effect on 7 September 2010), on 29 March 2018, by section 339 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).