Tax Administration Act 1994

Information, record-keeping, and returns - Employment income information

23G: Exemption for certain employers in online group

You could also call this:

"Some employers don't have to follow online group rules if it's reasonable."

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The Commissioner can exempt you from online group requirements if it is reasonable. They consider things like digital services and computer use. They must give you a statement of reasons for the exemption. You get an exemption until the Commissioner cancels it. The exemption ends six months after the Commissioner's notice. The Commissioner can set a time limit on the exemption. The Commissioner decides when to cancel the exemption. They can set a start and end date for the exemption. They must give a reason for setting the time limit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS191841.


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Part 3Information, record-keeping, and returns
Employment income information

23GExemption for certain employers in online group

  1. The Commissioner may exempt an employer in the online group from the online group requirements if it is reasonable in the circumstances, taking into account—

  2. the nature and availability of digital services to the employer, including the reliability of those services for the purposes of the employer; and
    1. the capability of the employer relating to the use of computers; and
      1. the costs that the employer would incur in complying with the requirements if those costs would be unreasonable in the circumstances.
        1. The Commissioner must provide a statement of reasons for the exemption.

        2. Subject to subsection (4), an exemption under this section remains valid until the Commissioner notifies the employer that the exemption is to be cancelled. The exemption expires on the date that is 6 months after that given in the Commissioner’s notice.

        3. In making an exemption under this section, the Commissioner may set a time limit on the exemption, stating a start date and an end date, as applicable, for the exemption and the reason for setting the limit.

        4. Repealed
        Notes
        • Section 23G: inserted, on , by section 275 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
        • Section 23G(1) heading: inserted, on , by section 18 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
        • Section 23G(2) heading: inserted, on , by section 18 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
        • Section 23G(3) heading: inserted, on , by section 18 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
        • Section 23G(4) heading: inserted, on , by section 18 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
        • Section 23G(5) heading: repealed, on , pursuant to section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 23G(5): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).