Tax Administration Act 1994

Binding rulings - Rulings generally

91G: Effect of legislative change on binding ruling

You could also call this:

"What happens to a binding tax ruling when a tax law changes"

Illustration for Tax Administration Act 1994

If a taxation law changes, a binding ruling may not apply from the date of the change. This is because the change can affect how the taxation law is used in the ruling. However, for a limited time, section 100(2) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 overrides this rule. You need to consider this when a taxation law is repealed or amended.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM354156.


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91GA: Applying for ruling on effect of change in legislation, or

"Asking how a law change affects your tax ruling"

Part 5ABinding rulings
Rulings generally

91GEffect of legislative change on binding ruling

  1. A binding ruling does not apply from the date a taxation law is repealed or amended to the extent that the repeal or amendment changes the way the taxation law applies in the ruling. For a limited purpose and period, section 100(2) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 overrides this section.

Notes
  • Section 91G: replaced, on (applying on and after 20 May 1999), by section 96(1) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
  • Section 91G: amended, on , by section 340 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).