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Tax Administration Act 1994

Information, record-keeping, and returns - Returns - Fringe benefits

54E: RLWT certificate of exemption

You could also call this:

"A special certificate to avoid paying some tax when building or developing land"

Illustration for Tax Administration Act 1994

You can get an RLWT certificate of exemption when you apply in the right form. The form must be with certified copies of documents the Commissioner asks for. The Commissioner must be satisfied you meet some requirements. You meet the requirements if you develop land or build houses and you give security for your tax. You also meet the requirements if you develop land, have had tax obligations for two years, and you or your associate have complied with tax rules. You can also meet the requirements if you will meet the rules in section CB 16A or CZ 40. The Commissioner must give you the certificate if you meet the requirements. You get the certificate when the Commissioner is satisfied with your application.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6890407.

Topics:
Money and consumer rights > TaxesHousing and property > Land useHousing and property > Buying and selling homes
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"Information needed to get Residential Land Withholding Tax back"

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Part 3Information, record-keeping, and returns
Returns: Fringe benefits

54ERLWT certificate of exemption

  1. This section applies when—

  2. a person applies for an RLWT certificate of exemption in the form prescribed by the Commissioner; and
    1. the form is accompanied by certified copies of relevant and appropriate documents, as prescribed by the Commissioner; and
      1. the Commissioner is satisfied that the person meets the requirements in 1 of subsection (2), (3), or (4).

        1. The requirements in this subsection are that the person, for the residential land,—

        2. is a person who carries on a business of developing land or dividing land into lots or erecting buildings; and
          1. has provided, in accordance with section 7A of this Act, a security that is acceptable to the Commissioner to secure the performance of their income tax obligations in relation to the land.

            1. The requirements in this subsection are that the person, for the residential land,—

            2. is a person who carries on a business of developing land or dividing land into lots or erecting buildings; and
              1. has had tax obligations under the Inland Revenue Acts (obligations) for the 2 years before applying for the certificate, or has an associate (the counted associate) that has had obligations for the 2 years before the person applies for the certificate and the counted associate is,—
                1. in the same group of companies as the person; or
                  1. if the person is a limited partnership, a partner of the person; and
                  2. has complied with all obligations for the 2 years before the person applies for the certificate, or the counted associate has complied with all obligations for the 2 years before the person applies for the certificate.

                    1. The requirements in this subsection are that the person, for the residential land, will meet the requirements in section CB 16A or CZ 40.

                    2. The Commissioner must issue an RLWT certificate of exemption to the person.

                    Notes
                    • Section 54E: inserted, on , by section 80 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
                    • Section 54E(3)(b): replaced (with effect on 1 July 2016), on , by section 109 of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).
                    • Section 54E(3)(c): replaced (with effect on 1 July 2016), on , by section 109 of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).
                    • Section 54E(4): amended (with effect on 27 March 2021), on , by section 160 of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).