Updated transfer pricing documentation requirements
Inland Revenue recently updated its Transfer Pricing Documentation Guidance (Guidance). The Guidance has been strengthened to clearly state that taxpayers are expected to maintain sufficient transfer pricing documentation. It outlines Inland Revenue's expectations of "adequate" documentation, as well as the potential consequences where documentation is inadequate.
Inland Revenue makes it clear that it is not sufficient merely to have New Zealand transfer pricing documentation in place. Rather, taxpayers are expected to maintain documentation that is appropriately tailored to the specific facts and circumstances of the New Zealand entity. Inland Revenue reiterates that:
- Centrally prepared transfer pricing documentation must be appropriately localised to reflect New Zealand-specific facts and circumstances
- Local New Zealand management are expected to be actively involved in preparation and review of New Zealand transfer pricing documentation
Inadequate transfer pricing documentation will increase the likelihood of audit activity and, if transfer pricing adjustments are made, shortfall penalties of up to 40% “will most likely” be imposed.
The Guidance also states Inland Revenue's expectations of what constitutes "good" transfer pricing documentation and highlights common errors observed in practice, many of which Inland Revenue attributes to overreliance on centrally prepared documentation.
Inland Revenue's stronger stance has already been underscored by increased enforcement activity, with greater incidences of shortfall penalties on transfer pricing adjustments. Multinationals with New Zealand operations should ensure contemporaneous transfer pricing documentation is maintained to an acceptable standard with adequate local customisation and review.
For more information, refer to the EY Global Tax News Alert here. Please reach out to your usual EY tax advisor if you have any questions.
How the tax system may need to adapt in the face of long-term fiscal pressures
Inland Revenue, like other government departments, is currently required to prepare a Long-term Insights Briefing (LTIB) once every three years. LTIBs examine long-term trends, risks and opportunities, along with possible policy responses. As they are developed independently of ministers, LTIBs do not reflect current government policy or recommend immediate actions. Instead, the aim is to promote public discussion on key policy issues.
Inland Revenue has now finalised its 2026 LTIB, Stable bases and flexible rates: New Zealand’s tax system. The finalised LTIB explores how New Zealand’s tax system may need to evolve to remain sustainable over the long-term, particularly in light of demographic pressures such as an ageing population. It focuses on the resilience of the tax system over coming decades and analyses structural features that could support long‑term revenue sustainability, including the balance between stable tax bases and the ability to adjust tax rates over time.
While not reflective of current government policy, the LTIB provides useful insight into officials’ thinking on tax system settings and the possible direction of future policy advice. The LTIB is available on Inland Revenue’s Tax Policy website here.
Other updates
- Inland Revenue has made changes to how they share information about unpaid tax to a credit agency, including changes which ease the requirement for Inland Revenue to make reasonable efforts to collect the debt, and changes to how notification to the business can be made. Inland Revenue is also seeking to extend this information sharing to other approved credit reporting agencies. See Inland Revenue’s website here for details.
- As part of an ongoing focus on cryptoasset compliance, Inland Revenue is urging crypto-asset investors to review and comply with their tax obligations, noting increased data access, implementation of the Crypto-Asset Reporting Framework, and active follow-up where crypto income has not been declared. Refer to the Inland Revenue media release here and Inland Revenue website here for more information.
- Inland Revenue has published an information release containing a report which briefs Ministers on its preliminary assessment of the direct effects of compliance activities. The report is a condition of Budget 2025 funding and provides insight into the extent and nature of tax gaps. Overall, the report finds that compliance activities continue to generate returns of comparable size to those observed in recent years, suggesting that substantial tax gaps persist. The report is available on Inland Revenue’s Tax Policy website here.