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Tax Administration Act 1994

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

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

You could also call this:

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

Illustration for Tax Administration Act 1994

You are part of a big company group. You must give the Commissioner some information every year. This information is about your company group. You have to give this information in a special electronic format. The information is set out in some rules called the global anti-base erosion model rules. You must give the information for each year you are in New Zealand. You have to give the Commissioner the information by a certain date. This date is usually 15 months after the end of the year. But for the first year, it is 18 months after the end of the year. If someone else in your company group has already given the Commissioner the information, you do not have to. But you must tell the Commissioner who gave the information and where they are from. You can ask another company in your group to give the information for you. This company must be in New Zealand and must have been chosen by your group to do this job. The rules about giving information do not apply if the main company in your group is in New Zealand. In this case, you must still give the Commissioner the information. You can find more information about these rules in the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024. This law was changed on 1 January 2025. You can read about the changes in section 140 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1019969.

Topics:
Money and consumer rights > Taxes
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78H: Registration for purposes of applied global anti-base erosion rules, or

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

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78J: Annual multinational top-up tax return, or

"A special tax return for big companies in New Zealand to check if they owe extra tax."

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

78IPre-assessment annual information reporting requirements for purposes of applied global anti-base erosion rules

  1. A constituent entity of an MNE group must provide to the Commissioner, in the prescribed electronic format, the information set out in Article 8.1.4(a) to (e) of the global anti-base erosion model rules for the MNE group for each fiscal year in which the constituent entity is—

  2. an entity 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 information required to be provided under subsection (1) for a fiscal year must be provided to the Commissioner by,—

      2. for the first fiscal year for which a member of the MNE group is required to provide a multinational top-up tax return, the date that is 18 months after the end of the fiscal year:
        1. otherwise, the date that is 15 months after the end of the fiscal year.

          1. Subsection (1) does not apply to a constituent entity of an MNE group for a fiscal year for which the information set out in Article 8.1.4(a) to (e) of the global anti-base erosion model rules for the MNE group has been provided by the relevant date set out in subsection (4)—

          2. to a foreign competent authority that is obliged to exchange that information with the Commissioner; and
            1. by—
              1. the ultimate parent entity of the MNE group; or
                1. another constituent entity of the MNE group that has been appointed by the MNE group to provide that information on behalf of the MNE group.

                2. The relevant date referred to in subsection (3) is,—

                3. for the first fiscal year for which a member of the MNE group is required to provide a multinational top-up tax return, the date that is 18 months after the end of the fiscal year:
                  1. otherwise, the date that is 15 months after the end of the fiscal year.

                    1. The exclusion in subsection (3) does not apply to a constituent entity of an MNE group for a fiscal year in which the ultimate parent entity of the MNE group is located in New Zealand under the applied global anti-base erosion rules.

                    2. A constituent entity to which the exclusion in subsection (3) applies must notify the Commissioner of—

                    3. the identity of the entity that is providing the relevant information for the fiscal year; and
                      1. the jurisdiction in which that entity is located under the global anti-base erosion model rules.

                        1. A notification under subsection (6) for a fiscal year must be given by,—

                        2. for the first fiscal year for which a member of the MNE group is required to provide a multinational top-up tax return, the date that is 18 months after the end of the fiscal year:
                          1. otherwise, the date that is 15 months after the end of the fiscal year.

                            1. 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—

                            2. is located in New Zealand under the applied global anti-base erosion rules; and
                              1. has been appointed for that purpose by the members of the MNE group located in New Zealand under the applied global anti-base erosion rules.

                                Notes
                                • Section 78I: inserted, on , by section 140(1) (and see section 140(2) for application) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).