Contents

Electronic communications

• Overview
  • Issue: Support for the amendment
  • Issue: Administrative changes required
  • Issue: Rules should provide positive obligation for the Commissioner to use electronic communications primarily
  • Issue: The communication framework should apply to all provisions
  • Issue: Amendments should extend to stamp and cheque duties legislation
  • Issue: Amendments should future-proof the legislation
  • Issue: Use of common verbs creates uncertainty
  • Issue: Commissioner’s express consent
  • Issue: Communications must be in writing where penalties could arise or time periods are triggered
  • Issue: Commissioner’s power to request information under section 17
  • Issue: Responding to an information request in writing
  • Issue: Requirement to provide information for a binding ruling
  • Issue: Legislative clarification for email bounce-back
  • Issue: Legislative clarification for “received by the person”
  • Issue: Legislative clarification of what “directly alerted to” means
  • Issue: Legislative clarification of what “advising” means
  • Issue: Consistent use of the term “provide”
  • Issue: Legislative clarification of difference between “notify” and “notice”
  • Issue: Clarification of cross-reference in new section 14F
  • Issue: Minor legislative drafting errors
• Accepting electronic signatures
  • Issue: Support for the amendment
  • Issue: Commissioner’s express consent
  • Issue: Legislation should cover more than just electronic signatures
  • Issue: Express reference to “income tax” and “GST returns” under electronic signature

Employee share schemes

• Overview
• Simplifying the collection of tax on employee share schemes
  • Issue: Wider review of the tax treatment of employee share schemes needed
  • Issue: Support for proposed change
  • Issue: Alternative method of withholding should be considered
  • Issue: PAYE reporting and timeframes
  • Issue: Ability to correct returns
  • Issue: Scope of the proposals
  • Issue: Employees should be able to request their employer to withhold tax on any employment income
  • Issue: Irrevocable election to withhold
  • Issue: Objection to the requirement to disclose information when employer chooses not to withhold
  • Issue: Employers should not be responsible for disclosing employee share benefits arising from Commissioner-approved share purchase schemes
  • Issue: Employers should not be responsible for disclosing information about employee share benefits received by former employees
  • Issue: Interaction with the Accident Compensation Act
  • Issue: Interaction with the Holidays Act
  • Issue: Drafting matters
  • Issue: Application date – validation of earlier tax positions
  • Issue: Amnesty for past non-compliance
  • Issue: Consequential matters
  • Issue: Does the sale of shares to meet tax obligations mean that all the shares vested in the employee are held on revenue account?

Information sharing

• Release of general information
• Enforcement of employment standards
  • Issue: Support for the proposal
  • Issue: Proposal should be reconsidered
  • Issue: Further safeguards needed
• Sharing biometric information
  • Issue: Support for the proposal
  • Issue: Should the proposed amendment be limited to the Ministry of Social Development?
  • Issue: The giving of consent
  • Issue: Extending the types of biometric information

KiwiSaver membership

• Impact of subsequent “conscious choice”
• Limiting opt outs to employment enrolments only
• Drafting error
• KiwiSaver – Member tax credit information
  • Issue: Privacy protocols
  • Issue: Information sharing requirements
  • Issue: Support for the proposal

Other policy matters

• FIF exemption simplification for ASX
  • Issue: Support for the amendment
  • Issue: Not supportive of the amendment
  • Issue: Amending the remaining requirements of the FIF exemption
  • Issue: Inland Revenue’s published exemption list
  • Issue: Retrospective application of the amendment
  • Issue: Exclusion for Australasian share sale proceeds of managed funds 66
• Supporting co-location
  • Issue: Support for the proposal
  • Issue: Whether co-located staff signing Inland Revenue certificates overcomes issue
  • Issue: Whether the exception for unintentional breaches is necessary
  • Issue: Whether a higher secrecy standard should apply
  • Issue: Whether the proposal should be limited to Inland Revenue employees and co-located government employees
  • Issue: Whether the proposal should be limited to co-located premises
• Special tax codes for those receiving NZ Superannuation or veteran’s pension
  • Issue: Support for amendments
  • Issue: Drafting error with section 24B(3)
  • Issue: Allowing special tax codes to apply to more than one employer
• Facilitating additional deductions from wages or salary
  • Issue: Defaulting taxpayers should not be able to prevent deduction notices having effect by failing to notify a change of address
  • Issue: A copy of the deduction notice should be sent to the employee at the employer’s address
  • Issue: The Commissioner should reconsider processes
  • Issue: The proposed amendments address administrative issues
• Changes to personal tax summary thresholds
  • Issue: Support for the proposals
  • Issue: Clarification of interaction with section 80F(2)
  • Issue: Use of the term “confirms”
• Changes to rulings regime
  • Issue: Support for the proposal
  • Issue: Publication requirements
  • Issue: Materiality requirements
• Student loans – student loan interest
• Tax secrecy and software intermediaries