Plain language law

New Zealand law explained for everyone

Tax Administration Act 1994

Third-party providers - Research and development

124ZH: Approved research providers

You could also call this:

"Who can be approved to do research and development work for others in New Zealand?"

Illustration for Tax Administration Act 1994

You can be an approved research provider if the Commissioner approves you. The Commissioner will approve you if you apply in the right way. You must keep records as stated in section 22(2)(kd). You need to apply to the Commissioner using their prescribed form. The Commissioner will only approve you if you can do core research and development work for others. You must have the right facilities in New Zealand to do this work. The Commissioner will tell you if they approve you and will make this public. The Commissioner can also stop your approval at their discretion. They will give you reasons for this and tell you when it will happen.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS200914.

Topics:
Business > Industry rulesEducation and learning > Research
Previous

124ZG: Transfer of payroll donations by employers, or

"When you donate to charity from your pay, your employer must pass it on by a certain date"

Next

124ZI: Certificates for research and development, or

"Get a certificate for tax credits when you do research and development work"

Part 7BThird-party providers
Research and development

124ZHApproved research providers

  1. A person is an approved research provider, if the Commissioner approves the person, as provided by subsections (2) to (7), and the person keeps records in accordance with section 22(2)(kd).

  2. The Commissioner may, in accordance with this section, approve a person, if the person makes an application in accordance with subsection (3).

  3. A person must apply to the Commissioner for approval in the form prescribed by the Commissioner.

  4. The Commissioner may only approve a person if, in the opinion of the Commissioner, the person—

  5. is capable of performing core research and development activities on behalf of other persons; and
    1. has in New Zealand the facilities needed to perform core research and development activities; and
      1. is available to perform core research and development activities on behalf of other persons not associated with them; and
        1. performs or will perform core research and development activities on behalf of other persons for market value consideration.

          1. A person may apply for approval as an approved research provider by providing information to the Commissioner in the prescribed form. They may also apply for a revocation of approval.

          2. If the Commissioner approves a person, the Commissioner must notify the person and publish the approval, in a publication chosen by the Commissioner.

          3. The Commissioner may, at the Commissioner’s discretion, revoke approval as an approved research provider. The Commissioner must give the person reasons for the exercise of the Commissioner’s discretion, and specify the date from which the revocation takes effect.

          Notes
          • Section 124ZH: inserted, on , by section 25 (and see section 3 for application) of the Taxation (Research and Development Tax Credits) Act 2019 (2019 No 15).
          • Section 124ZH(4)(a): amended (with effect on 1 April 2019), on , by section 227(1) (and see section 227(2) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
          • Section 124ZH(4)(b): amended (with effect on 1 April 2019), on , by section 227(1) (and see section 227(2) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
          • Section 124ZH(4)(c): amended (with effect on 1 April 2019), on , by section 227(1) (and see section 227(2) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
          • Section 124ZH(4)(d): amended (with effect on 1 April 2019), on , by section 227(1) (and see section 227(2) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).