Tax Administration Act 1994

Penalties - Criminal penalties

147B: Directors and officers of resident foreign trustee

You could also call this:

"Breaking the law as a director of a foreign trust in New Zealand"

Illustration for Tax Administration Act 1994

You commit an offence if you are a natural person living in New Zealand and you are a director of, or have significant influence over, a resident trustee of a foreign trust that is not a natural person. You must also have caused the resident trustee to commit an offence against section 143A. This can happen if you did something, did not do something, or knew something that led to the offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM356927.


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Part 9Penalties
Criminal penalties

147BDirectors and officers of resident foreign trustee

  1. A natural person who is resident in New Zealand commits an offence against this Act if—

  2. the natural person, in relation to a resident trustee of a foreign trust that is not a natural person, is—
    1. a director of the resident trustee:
      1. in a position in the resident trustee allowing significant influence over the management or administration of the resident trustee; and
      2. the resident trustee commits an offence against section 143A (principal offence); and
        1. the cause of the principal offence was—
          1. an act done or carried out by the person:
            1. an omission of the person:
              1. through knowledge attributable to the person.
              Notes
              • Section 147B: inserted, on , by section 256 of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
              • Section 147B(a): amended, on , by section 204(a) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
              • Section 147B(a)(i): amended, on , by section 204(b) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
              • Section 147B(a)(ii): amended, on , by section 204(c) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
              • Section 147B(b): amended, on , by section 204(d) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).