Tax Administration Act 1994

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

55B: Information relating to offshore persons and tax file numbers

You could also call this:

"Rules for offshore people to get a tax file number in New Zealand"

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The Commissioner will not give you a tax file number if you are an offshore person until they get your current bank account number and are satisfied with the information they have about you. You need to have a bank account number and the Commissioner needs to know who you are and where you come from. If you are a non-resident supplier of goods and services under the Goods and Services Tax Act 1985, or you are registered under section 54B of that Act, this rule does not apply to you. If a reporting entity under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 has checked who you are, this rule also does not apply. If you become an offshore person after 1 October 2015 and you have a tax file number, you must give the Commissioner your current bank account number if you have not done so before. There is an exception for non-resident seasonal workers who do not need to provide a bank account number for their first month of work in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS32636.


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

55BInformation relating to offshore persons and tax file numbers

  1. The Commissioner must not allocate a tax file number requested by an offshore person until the Commissioner—

  2. receives a current bank account number for the offshore person:
    1. is satisfied that the information available to the Commissioner relating to the offshore person provides the Commissioner with an assurance of the identity and background of the offshore person.
      1. Subsection (1) does not apply to a person—

      2. who needs a tax file number solely because they are a non-resident supplier of goods and services under the Goods and Services Tax Act 1985:
        1. who is registered, or has applied to be registered, under section 54B of that Act:
          1. for whom a reporting entity under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 has conducted the procedures for customer due diligence required under that Act and regulations made under that Act.
            1. Despite subsection (1), a non-resident seasonal worker under the recognised seasonal employer (RSE) instructions is not required to provide the Commissioner with a current bank account number for the first month of a period of employment in New Zealand.

            2. A person who has a tax file number and a current bank account must immediately provide the person’s current bank account number to the Commissioner if the person,—

            3. after 1 October 2015, becomes an offshore person under paragraph (b) of the definition of offshore person; and
              1. has not previously provided the person’s current bank account number to the Commissioner.
                Notes
                • Section 55B: inserted, on , by section 323 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
                • Section 55B(1): replaced (with effect on 29 March 2018), on , by section 44(1) (and see section 44(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).