Taxation (COVID-19 Resurgence Support Payments and Other Matters) Act 2021

1: Title
This Act is the Taxation (COVID-19 Resurgence Support Payments and Other Matters) Act 2021.
2: Commencement
1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
2: Section 10
1: Amendments to Tax Administration Act 1994
3: Amendments to Tax Administration Act 1994
Sections 4 to 7 Tax Administration Act 1994 2021-02-18 Tax Administration Act 1994 See section 2(1)
4: Section 3 amended (Interpretation)
1: This section amends section 3(1)
2: Insert, in appropriate alphabetical order: COVID-19 resurgence support payments scheme
3: In the definition of disputable decision
a: in subparagraph (vi), replace section 7AA section 7AA; or
b: after subparagraph (vi), insert:
vii: to make, or to decline to make, a grant under the COVID-19 resurgence support payments scheme under section 7AAB
4: In the definition of tax
cd: for the purposes of sections 6 to 6B, 156 to 165, 173L, 173M, 173S, 173T, 174AA, and 176 to 177CA, includes an amount payable in relation to a grant made under the COVID-19 resurgence support payments scheme:
5: New sections 7AAB and 7AAC inserted
After section 7AA
7AAB: Authorisation to make COVID-19 resurgence support payments
1: The purpose of this section is to provide authorisation for payments to be made under the COVID-19 resurgence support payments scheme (the CRSP scheme
a: an escalation in COVID-19 alert levels occurs; and
b: the person suffers a reduction in revenue as a result.
2: The Commissioner, on behalf of the Crown, may make a grant under the CRSP scheme (a grant
a: the CRSP scheme is declared active by an Order in Council made under section 7AAC
b: for the period of activation of the CRSP scheme,—
i: the person meets the eligibility requirements referred to in subsection (3)﻿(b)﻿(i)
ii: the person, or another person on their behalf, applies to the Commissioner for the grant.
3: For the purposes of subsection (2)
a: must set out the procedure required for a person to make an application for a grant:
b: must determine—
i: the eligibility requirements that a person must meet to qualify for a grant:
ii: the terms and conditions that apply to a grant:
c: must publish, on an internet site administered by the Commissioner, the eligibility requirements referred to in paragraph (b)﻿(i)
4: If a person applies for a grant on behalf of another person, both the person and the person in whose name the application is made must provide information as required by the Commissioner.
5: The person in whose name an application is made is bound by the CRSP terms of the grant.
6: The total amount of a grant paid to the person, together with any amount payable under the CRSP terms, must be repaid to the Commissioner if the CRSP terms require repayment.
7: If a person who receives a grant from the Commissioner does not meet the eligibility requirements referred to in subsection (3)﻿(b)﻿(i)
8: The persons referred to in subsection (4)
9: For the purposes of this section and section 7AAC CRSP terms
a: the terms and conditions applying in relation to a person’s eligibility for the grant at the time the grant is made, and any other terms and conditions determined by the Commissioner under subsection (3)﻿(b)﻿(ii)
b: the terms set out in an application for the grant that is made by or on behalf of a person, including the contents of a declaration, consent, or other representation made by or on behalf of the person:
c: the terms and conditions set out in an agreement between the Commissioner and the person receiving the grant.
10: This section applies whether or not the resurgence in New Zealand of COVID-19 arises before this section comes into force.
7AAC: Orders in Council related to COVID-19 resurgence support payments scheme
1: For the purposes of section 7AAB
a: declare the activation of the COVID-19 resurgence support payments scheme (the CRSP scheme
b: specify the period for which, or the circumstances in which, the CRSP scheme is to operate:
c: describe a class or classes of persons who may apply for support under the CRSP scheme and the amount of the grant to which they may be entitled:
d: specify amendments to the CRSP scheme, the CRSP terms of a grant, or the matters referred to in section 7AAB(3)﻿(a) and (b)
e: extend, renew, or replace a time limit referred to in schedule 7, part A, clause 13B(2)﻿(b)
2: For an order made under the power given in subsection (1)﻿(e)
a: expires if not renewed or replaced under paragraph (b)
i: the period set out in the order, if applicable; or
ii: if no period is set out, 6 months after the order comes into force:
b: may be renewed or replaced by an Order in Council made on the recommendation of the Minister of Revenue before the date on which the order would otherwise expire.
3: An Order in Council made under subsection (1) or (2)﻿(b)
6: Section 157 amended (Deduction of tax from payments due to defaulters)
In section 157(10) income tax
k: an amount payable in relation to a grant made under the COVID-19 resurgence support payments scheme
7: Schedule 7 amended (Disclosure rules)
In schedule 7, part A, after clause 13
13B: Publication of details related to COVID-19 resurgence support payments scheme
1: Section 18 does not prevent the Commissioner publishing information related to the COVID-19 resurgence support payments scheme (the CRSP scheme
2: Despite subclause (1)
a: the Commissioner considers that—
i: the information is readily available; and
ii: it is reasonable and practicable to disclose the information; and
iii: it is not undesirable to disclose the information; and
iv: the disclosure of the information is reasonably necessary for the purposes of the administration of the CRSP scheme; and
b: no more than 24 months have passed since the date on which this clause comes into force.
3: The time limit imposed by subclause (2)﻿(b) section 7AAC
2: Amendments to Income Tax Act 2007
8: Amendments to Income Tax Act 2007
Sections 9 to 11 Income Tax Act 2007 2021-02-18 Income Tax Act 2007 Re sections 9 and 11. See section 2(1) 2021-04-01 Income Tax Act 2007 Re section 10. See section 2(2)
9: Section MB 13 amended (Family scheme income from other payments)
After section MB 13(2)﻿(jb)
jc: a payment made under the COVID-19 resurgence support payments scheme, as defined in section 3(1) of the Tax Administration Act 1994:
10: Section ME 1 amended (Minimum family tax credit)
1: In section ME 1(3)﻿(a) $29,432 $30,576
2: Subsection (1) applies for the 2021–22 and later tax years.
11: Section YA 1 amended (Definitions)
In section YA 1 exempt interest
dc: payable in relation to the repayment of a grant under the COVID-19 resurgence support payments scheme, as defined in section 3(1) of the Tax Administration Act 1994; or