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Tax Administration Act 1994

Information, record-keeping, and returns - Returns - Foreign dividends

78H: Registration for purposes of applied global anti-base erosion rules

You could also call this:

"Registering big companies to stop tax avoidance in New Zealand"

Illustration for Tax Administration Act 1994

You need to register your MNE group with the Commissioner if it has an entity that the global anti-base erosion model rules apply to and is located in New Zealand. The Commissioner can deregister your MNE group if it no longer meets these requirements. You must apply for registration within six months of the end of the fiscal year when your entity meets these requirements. You must apply using the form the Commissioner prescribes and include the ultimate parent entity's name and tax file number. You also need to provide any taxpayer identification numbers and other information the Commissioner requires. If your MNE group no longer includes an entity that meets the requirements, you must notify the Commissioner within six months of the end of the fiscal year. Another entity in your MNE group can meet the obligations on your behalf if they meet the requirements. The Commissioner's rules for registration are part of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024. You should check the rules to see how they apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1019967.

Topics:
Money and consumer rights > Taxes
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78G: Country-by-country report from large multinational group, or

"Big companies must give a yearly report to the government about their activities."

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78I: Pre-assessment annual information reporting requirements for purposes of applied global anti-base erosion rules, or

"Big companies must report information to the government each year"

Part 3Information, record-keeping, and returns
Returns: Foreign dividends

78HRegistration for purposes of applied global anti-base erosion rules

  1. The Commissioner may register an MNE group if it includes an entity—

  2. to which the global anti-base erosion model rules apply; and
    1. located in New Zealand under the applied global anti-base erosion rules.

      1. The Commissioner must deregister an MNE group that has been registered under subsection (1) if the Commissioner is satisfied that the group no longer includes an entity that meets the requirements set out in paragraphs (a) and (b) of that subsection.

      2. A constituent entity of an MNE group that is not registered under this section must apply to the Commissioner for registration of the MNE group by the date that is 6 months after the end of any fiscal year ending on or after 1 January 2025 in which the constituent entity meets the requirements set out in subsection (1)(a) and (b).

      3. An application for registration of an MNE group under this section must be in the form prescribed by the Commissioner and contain—

      4. the name of the ultimate parent entity of the MNE group; and
        1. the ultimate parent entity’s tax file number, if any; and
          1. any taxpayer identification numbers of the ultimate parent entity; and
            1. any other information required by the Commissioner.

              1. If an MNE group ceases to include an entity that meets the requirements set out in subsection (1)(a) and (b), a constituent entity of the group must notify the Commissioner of that fact by the date that is 6 months after the end of the fiscal year in which the group ceased to include an entity that meets those requirements.

              2. An obligation of a constituent entity of an MNE group under this section may be met by another constituent entity of the MNE group that meets the requirements set out in subsection (1)(a) and (b).

              Notes
              • Section 78H: inserted, on , by section 140(1) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).