Overseas Investment Act 2005

Consent and conditions regime - Information-gathering powers

38A: Information for tax purposes

You could also call this:

"Telling the tax office about your overseas investments"

Illustration for Overseas Investment Act 2005

When you make an overseas investment in sensitive New Zealand assets, you may need to provide information for tax purposes. The Commissioner of Inland Revenue decides what information is necessary. This information is used to administer or enforce the Income Tax Act 2007 or other functions of the Commissioner.

The Governor-General can make regulations that say what information you need to provide and how you provide it. These regulations can specify what investments are affected, what information is required, and who must provide it. You may need to provide documents or evidence, and you must do this in a certain way and to a specific person.

The Commissioner can use the information you provide for tax purposes. Regulations made under this section are secondary legislation, which means they have to follow certain rules, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS519035.


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Part 2Consent and conditions regime
Information-gathering powers

38AInformation for tax purposes

  1. The purpose of this section is to enable the making of regulations to impose requirements under which overseas persons who make, or apply to make, an overseas investment in sensitive New Zealand assets must provide information that the Commissioner of Inland Revenue considers necessary or relevant for any purpose relating to—

  2. the administration or enforcement of an Inland Revenue Act (within the meaning of the Income Tax Act 2007):
    1. the administration or enforcement of any matter arising from, or connected with, a function lawfully conferred on the Commissioner.
      1. For the purpose of this section, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that impose requirements on all or any persons who make, or apply to make, an overseas investment in sensitive assets, including prescribing all or any of the following:

      2. overseas investments to which all or any requirements apply (for example, by reference to a type of investment, a pathway, or a type of land):
        1. what information or other evidence or documents must be provided:
          1. by whom, when, where, and how the information must be provided:
            1. to whom the information must be provided:
              1. the form that must be used:
                1. requirements with which information, evidence, or documents that are provided must comply.
                  1. The Commissioner may treat information obtained under this section as information obtained for the purposes of administering the Inland Revenue Acts.

                  2. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 38A: inserted, on , by section 22 of the Overseas Investment Amendment Act 2021 (2021 No 17).
                  • Section 38A(4): inserted, on , by regulation 111 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).