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Tax Administration Act 1994

Binding rulings - Product rulings

91FJ: Withdrawal of a product ruling

You could also call this:

"When a tax ruling is cancelled, it no longer applies to new situations."

Illustration for Tax Administration Act 1994

The Commissioner can withdraw a product ruling at any time. You will know about the withdrawal because the Commissioner must give adequate notice in a publication. The product ruling is withdrawn on the date stated in the notice. If the Commissioner withdraws a product ruling, it does not apply to new arrangements. However, it still applies to arrangements that started before the withdrawal date. A status ruling on a withdrawn product ruling does not apply after the withdrawal date. The Commissioner must give notice of the withdrawal to the person who applied for the product ruling. The notice must include certain information, such as the date of withdrawal and the original period the ruling applied. The Commissioner can give notice of the withdrawal in a publication chosen by the Commissioner, and also to the person who applied for the product ruling, as stated in section 91CB.

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Topics:
Money and consumer rights > Taxes
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Part 5ABinding rulings
Product rulings

91FJWithdrawal of a product ruling

  1. The Commissioner may at any time withdraw a product ruling.

  2. The Commissioner must notify the withdrawal by giving adequate notice in a publication chosen by the Commissioner.

  3. A product ruling is withdrawn on the date stated in the notice of withdrawal. The date cannot be before the date on which notice is given under subsection (2).

  4. A status ruling on a withdrawn product ruling does not apply on and after the date specified in the notice of withdrawal.

  5. If the Commissioner withdraws a product ruling in relation to an arrangement—

  6. the ruling does not apply to an arrangement entered into after the date of withdrawal; but
    1. the ruling continues to apply, for the remainder of the period or tax year specified in the ruling, to any arrangement to which it previously applied that was entered into before the date of withdrawal; and
      1. a status ruling that has been made on the product ruling continues to apply, for the remainder of the period or tax year specified in the product ruling, if the arrangement to which it previously applied was entered into before the date of withdrawal.

        1. If the Commissioner withdraws a product ruling on the status of an item or matter under section 91CB otherwise than in relation to an arrangement—

        2. the ruling continues to apply for the remainder of the period or tax year specified in the ruling; and
          1. a status ruling that has been made on the product ruling continues to apply, for the remainder of the period or tax year specified in the ruling.

            1. A notice of withdrawal must specify—

            2. that it is a withdrawal of a product ruling under this section; and
              1. the ruling that is being withdrawn; and
                1. the original period or tax year for which the ruling applied; and
                  1. any status ruling that applied to the product ruling; and
                    1. that the status ruling is also being withdrawn; and
                      1. the date of the withdrawal.
                          1. Anything that does not contain these statements is not a notice of withdrawal of a product ruling.

                        1. The Commissioner shall also give notice of the withdrawal to the person who applied for the product ruling.

                        Notes
                        • Section 91FJ: inserted (with effect on 1 April 1995), on , by section 10 of the Tax Administration Amendment Act 1995 (1995 No 24).
                        • Section 91FJ(2): replaced, on (applying on and after 20 May 1999), by section 95(1) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(2): amended, on , by section 167 of the Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Act 2010 (2010 No 109).
                        • Section 91FJ(3): replaced, on (applying on and after 20 May 1999), by section 95(2) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(3A): inserted, on (applying on and after 20 May 1999), by section 95(2) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(4): amended (with effect on 18 March 2019), on , by section 214(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                        • Section 91FJ(4)(b): 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 91FJ(4)(b): amended, on (applying on and after 20 May 1999), by section 95(3) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(4)(b): amended, on (applying on and after 20 May 1999), by section 95(4) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(4)(c): inserted, on (applying on and after 20 May 1999), by section 95(4) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(4)(c): 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 91FJ(4B): inserted (with effect on 18 March 2019), on , by section 214(2) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                        • Section 91FJ(5)(c): 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 91FJ(5)(c): amended, on (applying on and after 20 May 1999), by section 95(5) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(5)(ca): inserted, on (applying on and after 20 May 1999), by section 95(6) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(5)(cb): inserted, on (applying on and after 20 May 1999), by section 95(6) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
                        • Section 91FJ(6): 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).