Section FE 36 — Income Tax Act 2007: Identifying members of New Zealand banking group in usual case

FE 36 Identifying members of New Zealand banking group in usual case Entities included in group (1) The New Zealand banking group of a registered bank to which section FE 36B does not apply includes the entities described in subsection (2), and may also include the entities described in subsections (3) to (6) if the conditions set out in those subsections are met. Registered bank or fixed establishment (2) The banking group includes— (a) the registered bank, if resident in New Zealand: (b) the registered bank’s fixed establishment, if the registered bank is not resident in New Zealand. Resident person in group with registered bank (3) A resident person is included in the banking group if— (a) the person is part of the same group of companies as the registered bank: (b) the following conditions under generally accepted accounting practice are met: (i) for a resident registered bank with no non-resident ultimate parent, the consolidated group accounts include both the person and the registered bank, or would include both but for relevant materiality thresholds; or (ii) for a non-resident registered bank with no non-resident ultimate parent, the consolidated group accounts would include the person and the registered bank if the bank were resident in New Zealand and the relevant materiality thresholds were met. Resident in group with non-resident ultimate parent (4) A resident is included in the banking group if— (a) the person is part of the same group of companies as a non-resident ultimate parent: (b) under generally accepted accounting practice, the consolidated group accounts would include the person and the ultimate parent if the ultimate parent were resident in New Zealand and the relevant materiality thresholds were met. Fixed establishment in group with registered bank (5) A fixed establishment in New Zealand of a non-resident is included in the banking group separately from the non-resident if— (a) the fixed establishment is part of the same group of companies as a non-resident registered bank with no non-resident ultimate parent: (b) under generally accepted accounting practice, the consolidated group accounts would include the fixed establishment and the registered bank if the registered bank were resident in New Zealand and the relevant materiality thresholds were met. Fixed establishment in group with non-resident ultimate parent (6) A fixed establishment in New Zealand of a non-resident is included in the banking group separately from the non-resident if— (a) the fixed establishment is part of the same group of companies as a non-resident ultimate parent: (b) under generally accepted accounting practice, the consolidated group accounts would include the fixed establishment and the ultimate parent if the ultimate parent were resident in New Zealand and the relevant materiality thresholds were met. Defined in this Act: fixed establishment , generally accepted accounting practice , group of companies , New Zealand , New Zealand banking group , non-resident , registered bank , resident in New Zealand , ultimate parent , Compare: 2004 No 35 s FG 8C(1), (2), (4)–(7) Section FE 36 heading: amended (with effect on 1 July 2009 and applying for income years beginning on or after that date), on 7 May 2012, by section 64(1) of the Taxation (International Investment and Remedial Matters) Act 2012 (2012 No 34). Section FE 36(1): amended (with effect on 1 July 2009 and applying for income years beginning on or after that date), on 7 May 2012, by section 64(2) of the Taxation (International Investment and Remedial Matters) Act 2012 (2012 No 34). Section FE 36(3): substituted (with effect on 1 April 2008), on 6 October 2009, by section 227(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34). Section FE 36(4)(a): amended (with effect on 1 April 2008), on 6 October 2009, by section 227(2) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34). Section FE 36(5)(a): amended (with effect on 1 April 2008), on 6 October 2009, by section 227(3) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34). Section FE 36(6)(a): amended (with effect on 1 April 2008), on 6 October 2009, by section 227(4) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).