Te Whakawhitiwhiti Mōhiohio Aunoa me te Paerewa Pūrongo Noa Automatic Exchange of Information and the Common Reporting Standard

Download the New Zealand CRS Applied Standard:

CRS was modelled on the Foreign Account Tax Compliance Act (FATCA) introduced globally by the United States of America during 2014, but there are significant differences between the two schemes.

Find out more about FATCA:

Foreign Account Tax Compliance Act (FATCA)

Jurisdictions committed to CRS

Over 100 jurisdictions have committed to implementing the CRS. In 2018, 85 jurisdictions including New Zealand have completed around 4,500 bilateral exchanges.

Download the OECD list of over 100 jurisdictions committed to implementing the CRS:

Status of commitments (OECD Automatic Exchange of Information)

New Zealand is prepared to receive financial account information from participating jurisdictions. We will only provide financial account information to reportable jurisdictions.

What are participating jurisdictions?

In general, a 'participating jurisdiction' is a jurisdiction that has a treaty relationship in place with New Zealand under which it is able to provide New Zealand with CRS information. The list of participating jurisdictions is important for financial institutions when conducting due diligence in respect of accounts held by passive non-financial entities. The due diligence requirement to identify the controlling persons of the non-finance entity is 'switched off' in the circumstances described in section 5.5.3 of New Zealand's Guidance.

Find out more about the participating jurisdictions:

AEOI participating jurisdictions for the CRS applied standard (Tax Technical)

What are reportable jurisdictions?

'Reportable jurisdictions' are jurisdictions that we will provide CRS information to. We will publish a New Zealand list of such jurisdictions.

Our list of reportable jurisdictions will be added to over time as:

• the OECD's Global Forum reviews are completed
• jurisdictions address deficiencies identified by the OECD's Global Forum
• more jurisdictions sign up to implement the CRS.

New Zealand legislation

Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017:

Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (Parliamentary Counsel Office)

Current year

98 reportable jurisdictions: reporting period 1 April 2023 to 31 March 2024

Jamaica has been added since 2022.

Tax Administration (Reportable Jurisdictions for Application of CRS Standard) Amendment Regulations 2023 (Parliamentary Counsel Office)

Previous years

97 reportable jurisdictions: reporting period 1 April 2020 to 31 March 2021

1 additional reportable jurisdiction - February 2021:

Tax Administration (Reportable Jurisdictions for Application of CRS Standard) Amendment Regulations 2021 (Parliamentary Counsel Office)

96 reportable jurisdictions: reporting period 1 April 2019 to 31 March 2020

6 additional reportable jurisdictions - February 2020:

Tax Administration (Reportable Jurisdictions for Application of CRS Standard) Amendment Regulations 2020 (Parliamentary Counsel Office)

90 reportable jurisdictions: reporting period 1 April 2018 to 31 March 2019

30 additional reportable jurisdictions - February 2019:

Tax Administration (Reportable Jurisdictions for Application of CRS Standard) Amendment Regulations 2019 (Parliamentary Counsel Office)

60 reportable jurisdictions: initial reporting period 1 July 2017 to 31 March 2018

58 reportable jurisdictions - June 2017:

Tax Administration (Reportable Jurisdictions for Application of CRS Standard) Regulations 2017 (Parliamentary Counsel Office)

2 additional reportable jurisdictions - February 2018:

Tax Administration (Reportable Jurisdictions for Application of CRS Standard) Amendment Regulations 2018 (Parliamentary Counsel Office)

Find out more about excluded entities and accounts:

CRS determinations related to excluded entities and accounts (Tax Technical)

Who and what the CRS applies to

The CRS applies from 1 July 2017 to financial institutions, account holders and certain other people who control accounts.

What this means for account holders and certain controlling persons

If you hold an account with a financial institution (or if you hold an account for the benefit of another person) you may be asked to provide documentation and other information to assist that institution to carry out their due diligence and reporting obligations. This is required so that the financial institution can determine whether you are a foreign tax resident (or the person that you hold the account for is a foreign tax resident).

If you do not hold an account, but do control the account, the request for the information may come through the account holder who will then give this information to the financial institution. You can find out about when this could happen in section 1.9 of our Guidance on the CRS for AEOI - IR1048.

Go to our Automatic Exchange of Information - IR1033 factsheet to find out more about your obligations if you hold or control financial accounts.

It is important that you provide accurate information when requested and update the information if there is any material change within a reasonable timeframe. This includes taking reasonable efforts to obtain and provide information about any persons that you hold an account for.

Penalties may apply if you provide false or misleading information, fail to provide this information, or fail to provide an update if there is any material change to the information you have provided. See 'Penalties that may apply' below.

Important note about CRS and FATCA

The obligations to provide information also extend to FATCA as well as the CRS. Your financial institution will ask you to provide similar information for the purposes of FATCA.

Find out more about FATCA:

Foreign Account Tax Compliance Act (FATCA)

Find out more about what account holders and controlling persons need to do:

Account holders and controlling persons

What this means for financial institutions

Four broad categories of financial institution are covered by the CRS:

• custodial institutions
• depository institutions
• investment entities
• specified insurance companies.

Apart from entities like banks, this can also include non-bank deposit takers, collective investment entities, mutual funds, private equity funds, hedge funds, investment managers and advisors, and certain brokers and trusts (including some managed family trusts).

If a financial institution is a Reporting New Zealand Financial Institution (Reporting NZFI), it must identify accounts held by account holders who are foreign tax residents and, in certain circumstances, entities that are controlled by foreign tax residents.

You can find more about when a financial institution will be a Reporting NZFI in section 3.2 of our Guidance on the CRS for AEOI - IR1048.

From 1 July 2017, Reporting NZFIs will need to carry out CRS due diligence, collect prescribed information, and report this information annually to us.

Penalties can apply if a Reporting NZFI does not comply with these obligations.

Find out more about what financial institutions need to do:

Financial institutions

How we will use this information

If you're identified or treated as being a foreign tax resident under the CRS, certain information about you may be collected and provided to us. This includes:

• your identity details
• your account balance
• your income and payment information
• other prescribed information.

If New Zealand has an AEOI exchange agreement with your jurisdiction of tax residence, we will send this information to the tax authority in that jurisdiction.

The exchange of financial account information will also mean that New Zealand receives better information about New Zealand tax residents' offshore investments. This will help us verify that these people have paid the correct tax on their offshore investments.

We may also use information collected from Reporting NZFIs under the CRS for other purposes. We will only use this information for matters that are consistent with our statutory role and obligations.

We will handle all information reported under the CRS in the strictest confidence as will the foreign tax authorities. Domestic laws, administrative practices and binding international treaties protect your information.

Establishing tax residency

If you have questions about your tax residence status, you should either contact us or another tax authority in a relevant country, or seek advice from a tax agent or advisor.

For CRS purposes there are special rules for determining the tax residency of certain types of entities, such as partnerships, limited liability partnerships, or similar legal arrangements that do not have a tax residence. These entities are treated as resident in the jurisdiction where their place of effective management is situated.

Find out more about establishing tax residency:

Tax residency status for individuals

Tax residency status for companies

For more information about tax residency rules applicable to CRS committed jurisdictions go to the OECD Automatic Exchange Portal:

Rules governing tax residence (OECD Automatic Exchange of Information)

Double tax agreements (DTAs)

If two countries or territories both tax their residents on worldwide income, you could be taxed twice on the same income.

DTAs have been negotiated between New Zealand and many other countries or territories to decide which country or territory has the first or sole right to tax specific types of income.

Find out if your country or territory has a DTA with New Zealand:

Double tax agreements (DTAs)

Penalties that may apply

Account holders and controlling persons

Penalties may apply if you provide false or misleading information, fail to provide this information, or fail to provide an update if there is a material change to the information you have provided.

This includes civil penalties of $1,000 that Inland Revenue could apply as well as criminal penalties that can apply for knowledge-based offences.

You can find more information in Section 9 Penalties Regime in our Guidance on the CRS for AEOI - IR1048.

Important note about CRS and FATCA

The obligations to provide information also extend to FATCA as well as the CRS. Your financial institution will ask you to provide similar information for the purposes of FATCA.

Find out more about FATCA:

Foreign Account Tax Compliance Act (FATCA)

Reporting NZFIs

Penalties can apply if you do not comply with your CRS due diligence (including record keeping) and reporting obligations. This includes escalating thresholds of civil penalties and criminal penalties for knowledge-based offences.

You can find more information in Section 9 Penalties Regime in our Guidance on the CRS for AEOI - IR1048: