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Tax Administration Act 1994

Binding rulings - Product rulings

91FH: Content and notification of a product ruling

You could also call this:

"What a product ruling must include and how it is shared"

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When you get a product ruling, it must say it is a product ruling made under section 91F. It must also say who applied for the ruling and what tax law it applies to. The ruling must explain how the tax law applies to your situation. You will get a copy of the ruling as soon as possible after it is made. The Commissioner cannot publish the ruling until two months have passed, unless you ask for it to be published earlier. If you ask for earlier publication, the Commissioner will notify and publish the ruling as soon as possible. After two months, the Commissioner will notify and publish the ruling anyway. Other taxpayers cannot get a copy of the ruling before it is published. The Commissioner must publish the full ruling in a department publication.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM354134.

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Part 5ABinding rulings
Product rulings

91FHContent and notification of a product ruling

  1. A product ruling must state—

  2. that it is a product ruling made under section 91F; and
    1. the name of the person who applied for the ruling; and
      1. the taxation law and the arrangement to which the ruling applies; and
        1. how the taxation law applies to the arrangement; and
          1. the period or tax year for which the ruling applies; and
              1. conditions stipulated by the Commissioner.
                  1. Anything that does not contain these statements is not a product ruling.

                1. Repealed

                2. The Commissioner must send a copy of the ruling to the applicant as soon as practicable after the date on which the ruling is made.

                3. Unless the applicant applies for earlier publication, the Commissioner cannot publish a product ruling until 2 months have passed after the date the ruling is made.

                4. If the applicant applies for earlier publication, the Commissioner must—

                5. notify the making of the product ruling by notice in a publication chosen by the Commissioner; and
                  1. publish the product ruling in a publication of the department as soon as possible.

                    1. After the 2-month period has ended, the Commissioner must—

                    2. notify the making of a product ruling by notice in a publication chosen by the Commissioner; and
                      1. publish each product ruling, in full, in a publication of the department.

                        1. A taxpayer, other than the applicant, cannot obtain a copy of a product ruling before it is published by the Commissioner.

                        Notes
                        • Section 91FH: replaced, on (applying on and after 20 May 1999), by section 93(1) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FH(1)(e): 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 91FH(1)(f): repealed, on , by section 68(1) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
                        • Section 91FH(1B): repealed, on , by section 68(2) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
                        • Section 91FH(3): amended, on , by section 152(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
                        • Section 91FH(4): amended, on , by section 152(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
                        • Section 91FH(4)(a): amended, on , by section 166(2) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
                        • Section 91FH(5)(a): amended, on , by section 166(3) of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).