Criminal penalties

Heading: inserted, on 26 July 1996, by section 43 of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).

143 Absolute liability offences

(1)

A person commits an offence against this Act if the person—

(a)

does not keep the documents required to be kept by a tax law; or

(ab)

fails to register with a foreign government agency as required by Part 11B; or

(b)

does not provide information (including tax returns and tax forms) to the Commissioner or any other person when required to do so by a tax law; or

(ba)

does not provide a tax invoice as required by section 24 of the Goods and Services Tax Act 1985; or

(c)

does not apply for registration as required under section 51 of the Goods and Services Tax Act 1985.

(1B)

No person who is a resident foreign trustee may be convicted of an offence against subsection (1)(a) for not keeping documents required to be kept under section 22 if the person proves that—

(a)

the person did not know of the requirements of section 22:

(b)

another resident foreign trustee has been appointed under section 22(2C) as agent of the resident foreign trustees for the purposes of section 22 and the Commissioner has been notified of the appointment.

(1C)

No person who is a resident foreign trustee may be convicted of an offence against subsection (1)(b) for not disclosing information required to be disclosed under section 59B if the person proves that—

(a)

the person did not know of the requirements of section 59B:

(b)

another resident foreign trustee has been appointed under section 59B(7) as agent of the resident foreign trustees for the purposes of section 59B and the Commissioner has been notified of the appointment.

(2)

No person may be convicted of an offence against subsection (1)(b) for not providing information (other than tax returns and tax forms) to the Commissioner if the person proves that, as and when the person was required by the Commissioner to provide the information—

(a)

the person did not have the information in the person’s knowledge, possession or control; and

(b)

no non-resident, who under section 17(1C) was controlled directly or indirectly by the person, had the information in the non-resident’s knowledge, possession or control.

(2B)

No person may be convicted of an offence against subsection (1)(ab) if the relevant failure to register occurred through no fault of the person.

(2C)

No person may be convicted of an offence against subsection (1) if the requirement with which the person fails to comply is a requirement under the CRS applied standard and Part 11B.

(3)

A person who is convicted of an offence against subsection (1) is liable—

(a)

the first time the person is convicted in relation to a particular type of offence, to a fine not exceeding $4,000:

(b)

the second time the person is convicted of the same type of offence, to a fine not exceeding $8,000:

(c)

on every other occasion the person is convicted of the same type of offence, to a fine not exceeding $12,000.

(4)

In this section and in sections 143A and 143B, tax return includes an income statement.

Section 143: replaced, on 26 July 1996, by section 43 of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).

Section 143(1)(a): amended, on 29 August 2011, by section 182(1) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).

Section 143(1)(ab): inserted, on 1 July 2014, by section 174(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).

Section 143(1)(ba): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 75(1) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).

Section 143(1B): inserted, on 1 October 2006, by section 254 of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).

Section 143(1B): amended, on 29 August 2011, by section 182(2) of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).

Section 143(1C): inserted, on 1 October 2006, by section 254 of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).

Section 143(2): replaced, on 25 November 2003, by section 133 of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).

Section 143(2B): inserted, on 1 July 2014, by section 174(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).

Section 143(2C): inserted, on 1 July 2017, by section 18 of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).

Section 143(4): inserted, on 7 October 1998 (applying on and after 1 April 1999), by section 36(1) of the Taxation (Simplification and Other Remedial Matters) Act 1998 (1998 No 101).