Taxation (Simplification and Other Remedial Matters) Act 1998

1: Short Title
This Act may be cited as the Taxation (Simplification and Other Remedial Matters) Act 1998.
1: Amendments to Tax Administration Act 1994
2: Tax Administration Act 1994
The Tax Administration Act 1994
3: Interpretation
1: In section 3(1)
a: In the definition of benefit paragraph (a) 82, 84 82, 82A, 84
b: In the definition of civil penalty paragraph (c) penalty. penalty; or
d: A non-electronic filing penalty:
c: In the definition of tax paragraph (a)(x)
xi: A rebate under section 41A
d: In the definition of tax position paragraph (k)
l: Whether the taxpayer must request an income statement or respond to an income statement issued by the Commissioner:
m: The application of section 33A(1)
n: A right to a rebate:
e: The definition of taxpayer’s tax position Taxpayer’s tax position
a: Unless paragraph (b)
i: A tax return; or
ii: An income statement; or
iii: A due date:
b: If—
i: The tax is income tax; and
ii: The taxpayer alters a tax position taken in a tax return or in an income statement before the earlier of—
A: The issue of an assessment in respect of the tax; and
B: The due date for payment of the tax,— the tax position the taxpayer takes or is deemed to take in the last amended tax return or in the last amended income statement received by the Commissioner before the issue of the assessment or the deemed assessment or before the due date, whichever applies:
f: The following is inserted: Income statement section 80E .
2: Subsection (1)(a)
3: Subsection (1)(b) to (f)
4: Construction of certain provisions
1: After section 4A(1)(c)
ca: A provision referring to a tax position taken in an income statement refers to a tax position taken explicitly or implicitly in the income statement, whether or not the tax position was included by the Commissioner in the income statement: .
2: Subsection (1)
5: Taxpayer’s tax obligations
1: After section 15B(g)
h: If a natural person to whom section 80C section 80C(2) or (3)
i: If the taxpayer is a natural person, correctly respond to any income statement issued to the taxpayer.
2: Subsection (1)
6: Keeping of returns where information transmitted electronically
1: In section 23(2)(b) liquidated. liquidated; or
c: That is an employer monthly schedule.
2: Subsection (1)
7: Resident withholding tax deduction certificates
1: Section 25(6)
6: A resident withholding tax deduction certificate prepared in accordance with this section must include the following:
a: The full name and address of the payer:
b: The full name and last known address of the recipient unless, after making reasonable inquiries, the payer is unable to obtain those details:
c: The tax file number of the recipient, if known to the payer:
d: A statement as to whether the resident withholding income to which the certificate relates is interest or specified dividends:
e: The date on which the deduction was made, or if there is more than one deduction, the year in which the deductions were made and to which the certificate relates:
f: The amount of the resident withholding tax deduction or deductions and the amount of resident withholding income to which the certificate relates:
g: In respect of interest, the amount that is subject to the deduction of resident withholding tax at the rate specified in Schedule 14, clause 1(c) of the Income Tax Act 1994 paragraph (h)
h: If the interest payer elects to apply the formula prescribed under subsection (6A)
i: In respect of interest to which paragraph (g)
6A: The Commissioner may prescribe a formula for determining the amount of interest subject to the resident withholding tax rate specified in Schedule 14, clause 1(c) of the Income Tax Act 1994
2: Subsection (1)
8: Annual income tax returns by taxpayers
1: Section 33(2)
2: A taxpayer to whom section 33A(1)
2: Subsection (1)
9: Section replaced
1: Section 33A
33A: Annual income tax returns not required
1: A natural person is not required to furnish a return of income for an income year and will not receive an income statement from the Commissioner for the year if, in the year, the person—
a: Had gross income that was derived from—
i: Income from employment that is subject to the PAYE rules; or
ii: Interest or a dividend that is subject to the RWT rules; or
iii: Interest or a dividend that does not have a New Zealand source; and
b: Derives a total of $200 or less of—
i: Gross income that is subject to the PAYE rules and to a student loan repayment deduction under sections 19 and 20 of the Student Loan Scheme Act 1992
ii: Interest that is subject to the RWT rules, in relation to which the natural person does not comply with his or her obligations under those rules; and
iii: Income from employment from which the earner premium is not deducted correctly; and
iv: Interest from which RWT has been withheld at a rate other than the rate specified in Schedule 14, clause 1(b) of the Income Tax Act 1994
v: Income from employment being extra emoluments from which tax has been withheld at a rate other than the rate specified in Schedule 19, clause 8(b) of the Income Tax Act 1994
vi: Income from employment being secondary earnings from which tax has been withheld at a rate other than the rate specified in Schedule 19, clause (5A) of the Income Tax Act 1994
vii: Interest or dividends, if the person is required to pay financial support under the Child Support Act 1991
viii: Interest or dividends, if the person has an IRD loan balance (as defined in section 2 of the Student Loan Scheme Act 1992 section 2 of the Student Loan Scheme Act 1992
ix: Salary or wages from employment as an election day worker; and
x: Attributed income, if the person has gross income of more than $38,000; and
xi: Interest or a dividend that—
A: Does not have a New Zealand source; and
B: Was subject to a withholding tax at source; and
c: Does not receive income from employment from which a tax deduction is made and the amount of the tax deduction is determined in whole or in part by a special tax code certificate issued under section NC 14 of the Income Tax Act 1994
d: Is not issued a family certificate of entitlement for any part of the income year; and
e: Does not have a spouse who is issued with a family certificate of entitlement for any part of the income year; and
f: Or the spouse of the natural person, is not paid by the Chief Executive of the department for the time being responsible for the administration of the Social Security Act 1964 section KD 2(4) of the Income Tax Act 1994 section KD 2(4) of the Income Tax Act 1994
g: Is a person who in an income year has a nil IRD loan balance on the last day of the year, or who has a balance greater than nil, and is a person to whom paragraph (b)(viii)
2: Subsection (1)
a: Is an absentee; or
b: Is a provisional taxpayer; or
c: Is not a cash-basis holder; or
d: Received a withholding payment; or
e: Received beneficiary income; or
f: Received gross income as a private domestic worker; or
g: Is required under section 44
h: Made a net loss; or
i: Has an available net loss; or
j: Died; or
k: Held a certificate of exemption under section NF 9 at any time in that income year.
3: A person to whom subsection (2)
4: Subject to section 80D subsection (1)
5: The Commissioner must issue an income statement to a person to whom neither of section 33A(1) or (2)
2: Subsection (1)
10: Power of Commissioner to prescribe forms
1: In section 35 (2) (3)(b)
2: Subsection (1)
11: Commissioner may approve furnishing of return information by electronic means
1: After section 36(3)(b)
ba: Paragraph (b) .
2: Subsection (1)
12: New sections inserted
1: After section 36
36A: Electronic format of employer monthly schedule and remittance certificate
1: The Commissioner must prescribe one or more electronic formats in which an employer monthly schedule must be furnished by an employer that is required to furnish that schedule in an electronic format.
2: The Commissioner may prescribe one or more electronic formats in which a remittance certificate must be furnished by an employer that has elected to furnish that certificate in an electronic format.
3: A format prescribed under subsection (1) or (2)
36B: Other formats of employer monthly schedule
1: Despite section 36A(1)
2: For the purpose of subsection (1)
a: The likely costs incurred by other employers in providing an employer monthly schedule in a prescribed electronic format; and
b: The additional administrative costs that are likely to be incurred by the Commissioner in processing an employer monthly schedule that is not provided in a prescribed electronic format; and
c: Whether in the preceding income year, the employer employed, on average, 100 or fewer employees on each day in the year; or
d: If the employer was not an employer in the preceding income year, whether the employer employs, on average, 100 or fewer employees on each day in the current income year.
3: For the purpose of subsection (2)(c) and (d)
4: If an amalgamating company ceases to exist on an amalgamation, subsection (2)(c) and (d)
5: In subsection (2)
a: That an employee for part of a day is employed for the whole of that day; and
b: Of the number of employees employed on each day of the income year, or part income year if section 36B(2)(d)
6: An authorisation under section 36B(1)
7: An authorisation cancelled by the Commissioner applies until the later of—
a: 1 April following the year in which cancellation is notified; or
b: Six months after the date cancellation is notified.
8: If the Commissioner is satisfied that the number of employees of an employer did not or will not exceed the number provided in subsection (2)(c) or (d) subsection (2)(c) or (d)
9: If an employer is authorised not to furnish an employer monthly schedule electronically and employed an average of more than 50 employees but not more than 100 employees in the 1999–2000 income year,—
a: Subsection (7) does not apply; and
b: The authorisation under this section expires on the last day of the 1999–2000 income year.
36C: Particulars furnished in electronic format
1: In the application of any of sections 35, 36, 36A, or 36B
2: The production by the Commissioner of a document purporting to be a printed copy of a specification of an electronic format or a part of that specification, in all courts and in all proceedings (including proceedings before a Taxation Review Authority), is sufficient evidence that the electronic format was prescribed.
36D: Non-electronic filing of employer monthly schedule
An employer must furnish the particulars required to be included in an employer monthly schedule on the form supplied by the Commissioner if the employer—
a: Is not required to furnish an employer monthly schedule in a prescribed electronic format; and
b: Has not elected to do so under section 36E
36E: Election available to other employers
An employer that is not required to furnish an employer monthly schedule electronically may elect to furnish that schedule in an electronic format prescribed by the Commissioner.
2: Subsection (1)
13: Other formats of employer monthly schedule
1: In section 36B(2)(c) (d) section 12 100 50
2: Subsection (1)
14: Dates by which annual returns to be furnished
1: Section 37(1)(a)
2: Section 37(6)
3: Subsections (1) (2)
15: Returns to annual balance date
1: In section 38(1) any taxpayer a taxpayer (other than a taxpayer to whom section 33A
2: Subsection (1)
16: Section replaced
1: Section 40
40: General requirements for returns
1: A return required to be furnished in writing must be—
a: Signed; and
b: Contain all the information and be accompanied by all the documents required under any of the Inland Revenue Acts.
2: A return furnished by electronic means must be—
a: Transmitted in an electronic format prescribed under either sections 36, 36A or 36B
b: Contain all the information and be accompanied by all the documents required under any of the Inland Revenue Acts.
3: A return that is subject to this section is treated as being furnished on the date it is received at an office of the department.
2: Subsection (1)
17: New section inserted
1: After section 41
41A: Returns by person claiming housekeeper or charitable rebates
1: A person allowed a rebate under section KC 4 or section KC 5 of the Income Tax Act 1994
2: The total amount of the refunds must not exceed the annual amount of the rebates allowed.
3: The sum of the qualifying payments under section KC 4 of the Income Tax Act 1994 section KC 5 of the Income Tax Act 1994
4: If subsection (3)
5: An application under subsection (1)
a: The amount of a payment that is a qualifying payment under section KC 4 of the Income Tax Act 1994
b: The amount of a gift to which section KC 5 of the Income Tax Act 1994
6: Despite subsection (1) subsections (2) and (3)
a: In the case of a taxpayer with a standard balance date, by the 30 September next following the end of the taxpayer’s income year; or
b: In the case of other taxpayers, by the last day of the month that is the sixth month after the end of the taxpayer’s accounting year.
7: When the Commissioner has considered an application for a rebate, the Commissioner must, by notice, inform the taxpayer of the amount of the rebates allowed under section KC 4 or section KC 5 of the Income Tax Act 1994
8: No rebate may be refunded to an absentee, or a company, or a public authority, or a Maori Authority, or an unincorporated body, or a trustee assessable and liable for income tax under sections HH 3, HH 6, HK 14, or HZ 2 of the Income Tax Act 1994
9: A refund allowed under subsection (1)
10: A refund allowed under subsection (1) section 142D
11: Part VII
12: Part IX
2: Subsection (1)
18: Returns by executors or administrators
1: After section 43(2)
3: Part IIIA and section 33A(1)
2: Subsection (1)
19: Employers to make returns as to employees
1: In section 46(1) subsection (1)
1: An employer must furnish an employer monthly schedule containing particulars of the persons employed by the employer in a month and of all salaries, wages, and other emoluments received in that month by each person employed.
2: Subsections (2) (3) (4) (5)
2: The Commissioner may vary the requirements to provide particulars of the commencement or cessation of employment in an employer monthly schedule, in relation to any employer or class of employer, and in the cases and to the extent that the Commissioner considers fit, and the requirements apply as varied.
3: No variation made by the Commissioner under subsection (2)
4: An employer must consolidate into one employer monthly schedule the particulars that must be included in an employer monthly schedule for an employee who receives, between 1 April 1999 and 31 March 2000, a payment listed under subsection (5)
5: Subsection (4)
a: New Zealand superannuation; or
b: A veteran’s pension; or
c: An income-tested benefit; or
d: Weekly compensation or compensation for loss of potential earning capacity payable under the Accident Rehabilitation and Compensation Insurance Act 1992
e: An allowance paid under regulations made under section 303 of the Education Act 1989
f: A credit of tax paid under Part KD of the Income Tax Act 1994
5A: The employer must furnish the Commissioner with the consolidated employer monthly schedule on or before 5 April 2000.
5B: The particulars required under subsection (4)
3: In subsection (6)
a: The portion before paragraph (a)
6: Nothing in the employer monthly schedule requires information in relation to— ; and
b: Paragraph (c)
4: Subsections (1) to (3)
20: Employer to furnish statement of specified superannuation contribution withholding tax
1: In section 47(1)
a: In paragraph (c) section NC 15(1)(c) section NC 15(1)(c) or (d)
b: The words after paragraph (c) to the Commissioner a remittance certificate showing the amount of specified superannuation contribution and the amount of specified superannuation contribution withholding tax relating to that contribution and any other particulars the Commissioner may require.
2: Section 47(2)
3: Subsections (1) (2)
21: Special arrangements for supply of information by employer to Commissioner
1: In section 48(1) certificate,
2: Subsection (1)
22: New Part inserted
1: After section 80
3A: Income statements
80A: Application
1: This Part applies to a natural person who derives income from employment, or receives interest and dividends, and who—
a: Is a person to whom section 33A(5)
b: Is a person exempted under section 33A section 80C(4)
c: Is a person exempted under section 33A section 80D(2)
2: This Part applies to the 1999–2000 and subsequent income years.
80B: Notification required that taxpayer not subject to this Part
1: A natural person who receives an income statement and who is not subject to this Part in an income year because the person derived income other than from employment, or received interest or dividends, or who is a person to whom section 33A(2)
2: The information required under subsection (1) section NC 17
3: The information from a person to whom section NC 17
4: An income statement to which section 80B(1)
80C: Natural person to request income statement
1: A person to whom section 33A(5)
2: A request required under subsection (1) section NC 17
3: The request required under subsection (1) section NC 17
4: A person to whom section 33A(1)
80D: Commissioner must issue income statement
1: For each income year, the Commissioner must issue an income statement to a person whom the Commissioner considers derived income only from employment, interest or dividends; and who—
a: Is not a person to whom section 33A(1)
b: Is a person to whom section 33A(1)
2: Despite subsection (1)
3: The Commissioner may issue more than one income statement in respect of an income year to a person.
80E: Particulars to be included in income statement
1: An income statement issued under this Part must contain the information specified in subsection (2)
2: The information is—
a: The amount of a natural person’s annual gross income that the Commissioner considers was derived from employment, interest, or dividends; and
b: The sources of the annual gross income in paragraph (a)
c: The amounts of the source deductions or withholding deductions made in relation to the gross annual income; and
d: The amount of earner premium deducted in respect of the person; and
e: A calculation of the income tax liability of the person, including any tax payable or refund due; and
f: Any further particulars the Commissioner considers necessary.
80F: Taxpayer obligations and assessment on receipt of income statement
1: Unless subsection (4) subsection (2) or (3)
2: A person to whom section NC 17 subsection (1)
a: 7 February in the income year next following the income year to which the income statement relates; or
b: The date that occurs 2 months after the date of issue of the income statement.
3: A person to whom section NC 17 subsection (1)
a: The terminal tax date of the person for the income year to which the income statement relates; or
b: The date that occurs 2 months after the date of issue of the income statement.
4: A person is not required to inform the Commissioner of an amount of gross annual income from employment, interest, or dividends that is not included in the income statement unless the total amount is more than $200.
5: For the purpose of subsection (4) section 25(7)
6: If the Commissioner accepts as correct the information given by the person under subsection (1)
7: If the Commissioner does not accept as correct all the information given by the person under subsection (1) section 80E
80G: Income statement deemed return
1: This section applies to a person to whom—
a: An income statement is required to be issued and who considers that the income statement correctly summarises the particulars listed in section 80E(2)
b: An income statement is issued and who does not inform the Commissioner of the reasons why the person considers that the income statement is incorrect.
2: Except in sections 37 and 38 subsection (1) section 33
3: Unless a taxpayer responds in the manner required under section 80F
80H: Income statement deemed general assessment
1: An income statement that is deemed to be a return of income under section 80G section 92
2: If subsection (1) section 111
3: Unless subsection (4) or (5) subsection (1)
a: 7 February in the income year that next follows the income year to which the income statement relates if section NC 17 of the Income Tax Act 1994
b: The person’s terminal tax date for the income year to which the income statement relates; or
c: The 30th day after the date of issue of an income statement if the statement shows an amount of tax is overpaid and that amount does not exceed the amount specified in section MD 1(1A) of the Income Tax Act 1994
d: The date on which the person requests a refund of tax under section MD 1(1A) of the Income Tax Act 1994
4: In the case of an income statement issued to a person to whom section NC 17 subsection (1)
5: In the case of an income statement that is issued not more than 2 months before the terminal tax date of a person to whom section NC 17 subsection (1)
80I: Deemed matters
1: This section applies to matters that are deemed to occur under this Part and to the income year in which the matters are deemed to occur.
2: A statement by the Commissioner that—
a: A return of income is deemed to be furnished; or
b: A return of income is deemed to have been signed by a taxpayer; or
c: A general assessment is deemed to have been made by the Commissioner— is conclusive of whether an event referred to in this Part has occurred.
3: A matter referred to in subsection (2)
a: A return of income has not been furnished; or
b: A taxpayer has not furnished a return of income; or
c: A taxpayer has not signed a return of income; or
d: The assessment is not final.
4: A matter required to be done or provided within the time limit for furnishing a return of income is deemed to be required to be done or provided within the time limit for responding to an income statement.
2: Subsection (1)
23: Officers to maintain secrecy
1: In section 81(4)(l) or in such other manner as the Commissioner prescribes in writing
2: In section 81(4), after paragraph (m)
n: Communicating to a person who is an officer, employee, or agent of the department for the time being responsible for the administration of the Social Security Act 1964 Social Security Act 1964 section 82A
3: Subsections (1) (2)
24: New section inserted
1: After section 82
82A: Disclosure of information to prevent cessation of benefit payments
1: This section authorises the exchange of information between the Inland Revenue Department and the department for the time being responsible for the administration of the Social Security Act 1964
2: For the purpose of subsection (1) Social Security Act 1964
3: A disclosure of information must not be made under subsection (2) Social Security Act 1964
4: The Commissioner may compare the information referred to in subsection (2)
5: If, as a result of a comparison under this section, the beneficiary is identified, the Commissioner may supply the tax file number of the beneficiary to a person authorised under section 81(4)(n)
6: A tax file number provided by the Commissioner under subsection (5) Social Security Act 1964
7: In this section, authorised officer Social Security Act 1964 section 82(9)
8: In this section— Beneficiary Beneficiary information
a: Identifies the beneficiary; and
b: Identifies a benefit that the beneficiary is receiving, or has received, or for which the beneficiary has applied: Benefit section 303 of the Education Act 1989
9: A secrecy obligation or other restriction imposed does not prevent the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
2: Subsection (1)
25: Notices of proposed adjustment required to be issued by Commissioner
1: In section 89C(k) taxpayer. taxpayer; or
l: The assessment results from an income statement under Part IIIA
2: Subsection (1)
26: Taxpayers and others with standing may issue notices of proposed adjustment
1: Section 89D(2)
2: A taxpayer that has not furnished a return of income or, if Part IIIA
2: Subsection (1)
27: Assessment where default made in furnishing returns
1: After section 106(1)
1A: Despite Part IIIA section 80E(2)
1B: The tax assessed is payable unless the person to whom an assessment under this subsection relates furnishes a return or an amended income statement under section 89D(2)
1C: Subsection (1A) section 80F
2: Subsection (1)
28: Time bar for amendment of assessment of tax under
Income Tax Act 1994
1: After section 108(1)
1A: Unless subsection (2) or section 108B Part IIIA
2: Subsection (1)
29: Evidence of returns and assessments
1: In section 110(1) return or assessment return, income statement, or assessment
2: In section 110(2) , or section 36A section 36
3: Subsections (1) (2)
30: Commissioner to give notice of assessment to taxpayer
1: After section 111(1)(b)
ba: The assessment is made after a failure by the taxpayer to comply with the taxpayer’s obligations under section 80F
bb: An assessment is deemed to be made under Part IIIA
2: After section 111(6)
7: If requested to do so, the Commissioner must give an assessment to a taxpayer who accepts under section 80F
3: Subsections (1) (2)
31: Definitions
In section 120C(1)
a: In the definition of Date interest starts paragraph (b)
iii: For a taxpayer to whom section 80D :
b: In the definition of Interest period paragraph (b)(ii) liability: liability; and
iii: The date on which the taxpayer can claim the refund, in the case of a taxpayer to whom section 80D .
32: Late filing penalties
1: Section 139A(1)
1: This section applies to tax returns required to be furnished under sections 33, 41 to 44, and 79 annual tax returns regulation 3 of the Accident Rehabilitation and Compensation Insurance (Earnings Definitions) Regulations 1992 section NC 15(1)(a) or (b) or (c) or (d) of the Income Tax Act 1994
2: In subsection (2), paragraph (a)
a: The taxpayer does not provide a completed annual tax return, reconciliation statement, employer monthly schedule on time; and .
3: Subsection (4)
4: The late filing penalty for a reconciliation statement or employer monthly schedule is $250.
4: In subsection (5) paragraph (a)
5: Except in the case of a late filing penalty resulting from an employer monthly schedule, the Commissioner must, not less than 30 days before imposing a late filing penalty— .
5: Subsections (1) to (4)
33: New section inserted
1: After section 139A
139AA: Non-electronic filing penalty
1: This section applies to an employer that is required to comply in a prescribed electronic format with the requirements of section NC 15(1)(a) and (b) of the Income Tax Act 1994
2: An employer is liable to a non-electronic filing penalty if the employer does not furnish the employer monthly schedule in a format that is prescribed.
3: Subsection (2) section 36B(1)
4: The non-electronic filing penalty is the greater of $250 or $1 for each employee employed at any time during the month to which the employer monthly schedule relates.
2: Subsection (1)
34: Due date for payment of late filing penalty
1: In section 142(1)
a: In the words before paragraph (a) The Except in the case of an employer monthly schedule, the
b: Paragraph (a)
a: On the date determined under section NC 17(2) :
c: Paragraphs (c) (d) (e)
c: For the reconciliation statement that is required by regulation 3 of the Accident Rehabilitation and Compensation Corporation Insurance (Earnings Definitions) Regulations 1992 :
2: After section 142(1)
1A: The due date for the payment of a late filing penalty in respect of an employer monthly schedule is—
a: The 5th day of the month next following the month in which the employer was required to furnish the employer monthly schedule for an employer to which section NC 15(1)(b) of the Income Tax Act 1994
b: The 20th day of the month next following the month in which the employer was required to furnish the employer monthly schedule for an employer to which section NC 15(1)(c) or (d)
3: In section 142(2) employer monthly schedule annual tax return
4: Subsection (1)(a)
5: Subsection (1)(b)
6: Subsection (1)(c)
7: Subsections (2) (3)
35: New section inserted
1: After section 142F
142G: Due date for payment of non-electronic filing penalty
1: A non-electronic filing penalty under section 139AA
2: Subsection (1)
36: Absolute liability offences
1: After section 143(3)
4: In this section and in sections 143A and 143B tax return
2: Subsection (1)
37: Employer failing to make tax deductions
1: In section 168(1) paragraphs (a), (b), and (c) paragraphs (a), (b), (c), and (d)
2: Subsection (1)
38: Section 173 repealed
Section 173
39: Remission for reasonable cause
1: Section 183A(1)
1: This section applies to a late filing penalty, a non-electronic filing penalty, a late payment penalty, and imputation penalty tax imposed by section 140B section 140C
1A: The Commissioner may remit the penalty if the Commissioner is satisfied that—
a: A penalty to which this section applies arises as a result of an event or circumstance beyond the control of a taxpayer; and
b: As a consequence of that event or circumstance the taxpayer has a reasonable justification or excuse for not furnishing the tax return or an employer monthly schedule, or not furnishing an employer monthly schedule in a prescribed electronic format, or not paying the tax on time; and
c: The taxpayer corrected the failure to comply as soon as practicable.
2: Subsection (1)
40: Remission consistent with collection of highest net revenue over time
1: In section 183D(1), after paragraph (a)
aa: A non-electronic filing penalty; and.
2: Subsection (1)
41: New section inserted
1: After section 184
184A: Refund of tax paid in excess made by direct credit to bank account
1: Unless subsection (3)
2: When a taxpayer claims a refund, the taxpayer must provide to the Commissioner the particulars of a bank account in New Zealand to which a direct credit of the amount of the refund is to be made.
3: If the Commissioner is satisfied that the application of subsections (1) and (2)
4: In this section, bank account
5: In this section, tax
i: An amount that is defined as tax in section 3(1)
ii: The approved issuer levy (as defined in section 86F of the Stamp and Cheque Duties Act 1971
iii: Cheque duty (as provided for in section 77 of the Stamp and Cheque Duties Act 1971
iv: Financial support (as defined in section 2(1) of the Child Support Act 1991
v: If the borrower has elected a refund under section 56(1A) of the Student Loan Scheme Act 1992 section 2 of that Act
2: Subsection (1)
2: Amendments to
Income Tax Act 1994 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
42: Income Tax Act 1994
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
43: Meaning of term
dividends Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
44: Exclusions from term
dividends Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
45: Meaning of
fringe benefit Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
46: New sections inserted
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
47: Year in which accident compensation levy and employer premium, etc deductible
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
48: Rules for calculating New Zealand group debt percentage
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
49: Concession for on-lending
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
50: Treatment of specified leases
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
51: Sale of trading stock for inadequate consideration
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
52: Group investment funds
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
53: Low income rebate
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
54: Rebate in certain cases for housekeeper
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
55: Rebate in respect of gifts of money
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
56: Determination of net income
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
57: Credit of tax by instalments
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
58: Chief Executive to deliver credit of tax
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
59: Tax deductions to be credited against tax assessed
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
60: Refund of excess tax
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
61: Amounts of tax deductions
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
62: Application of tax codes specified in tax code declarations or tax code certificates
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
63: New section inserted
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
64: Payment of tax deductions to Commissioner
Subsection (1): the new section NC 15(1)(b) amended 124(2) Taxation Accrual Rules and Other Remedial Matters) Act 1999 by inserting the expression of the Tax Administration Act 1994 1 April 1999 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
65: Employee to pay deductions to Commissioner
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
66: Assessment and payment of tax
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
67: Bond, etc in lieu of tax deductions in case of certain non-resident employees
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
68: New section inserted
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
69: Cancellation of certificates of exemption
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
70: Non-resident withholding tax to be minimum tax in certain cases
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
71: Definitions
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
72: Meaning of source deduction payment — shareholder-employees of close companies
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
73: Schedule 14 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
74: Schedule 19 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
3: Amendments to Estate and Gift Duties Act 1968
75: Estate and Gift Duties Act 1968
This Part amends the Estate and Gift Duties Act 1968
76: Refund of estate duty, penalty, and interest paid in excess
1: After section 60(4)
5: A refund under this section must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994
2: Subsection (1)
77: Refund of gift duty, penalty, and interest paid in excess
1: After section 89(3)
4: A refund made under this section must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994
2: Subsection (1)
4: Amendment to Gaming Duties Act 1971
78: Gaming Duties Act 1971
This Part amends the Gaming Duties Act 1971
79: Refund of duty or interest paid in error or in excess
1: After section 13(2)
3: A refund under this section must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994
2: Subsection (1)
5: Amendments to Stamp and Cheque Duties Act 1971
80: Stamp and Cheque Duties Act 1971
This Part amends the Stamp and Cheque Duties Act 1971
81: Refund of duty or penalty on application
1: In section 68
1: If at any time within 8 years after payment of any stamp duty or penalty or within such further time if written application for the refund of the duty or penalty is made by the person entitled to it within that 8 years, the Commissioner may refund the duty or penalty if the Commissioner is satisfied that—
a: The duty or penalty was paid in error or in excess of the amount properly payable; or
b: The duty or penalty was paid on an instrument which on its execution was not a fully operative instrument, and that the instrument failed to become fully operative and was cancelled or destroyed, and that the failure was not due to the act, omission, or default of the person by whom the duty or penalty was paid or to the act, omission, or default of any other person with the consent, acquiescence, connivance, or concurrence of the person by whom the duty or penalty was paid; or
c: The duty or penalty was paid on an instrument of conveyance or a lease which was not carried into effect, whether directly or indirectly, in favour of the person to whom the conveyance is made or the lessee or any person claiming under the person to whom the conveyance is made or the lessee, and was rescinded; or
d: The duty or penalty was paid on an instrument that was inadvertently spoiled, defaced, lost, or destroyed, and that another instrument made in substitution for it between the same parties and for the same purpose was executed and stamped.
2: Subsection (1) sections 81 to 83
82: Refund of cheque duty
1: Section 85 subsection (1)
2: A refund under subsection (1) section 184A of the Tax Administration Act 1994
2: Subsection (1)
83: Refund of levy paid in error or in excess
1: After section 86L(1)
1A: A refund under subsection (1) section 184A of the Tax Administration Act 1994
2: Subsection (1)