| Title | |
| 1 | Short Title and commencement | |
| | |
| 2 | Purpose of Act | |
| 3 | Interpretation | |
| 4 | Construction of statutory references | |
| 4A | Construction of certain provisions | |
| 4B | Application of Act in relation to Australian wine producer rebate | |
| | |
| 5 | Inland Revenue Department | |
| 6 | Responsibility on Ministers and officials to protect integrity of tax system | |
| 6A | Commissioner of Inland Revenue | |
| 6B | Directions to Commissioner | |
| 7 | Delegation of powers by Commissioner | |
| 7A | Authorisation to take securities | |
| 8 | Deputy Commissioners of Inland Revenue [Repealed] | |
| 9 | Regional Controllers of Inland Revenue [Repealed] | |
| 10 | District Commissioners of Inland Revenue [Repealed] | |
| 11 | Appointment of other officers [Repealed] | |
| 12 | Official seal | |
| 13 | Proof of signature of Commissioner | |
| 13B | Use of electronic signatures for tax administration purposes | |
| 14 | Modes of communication: general provisions | |
| 14B | Asking, requesting, or informing | |
| 14C | Applying or notifying | |
| 14D | Formally notifying | |
| 14E | Overriding provisions | |
| 14F | Giving information by personal delivery, post, fax, or electronic means | |
| 14G | Contact addresses | |
| 15 | Annual report | |
| | |
| 15A | Purpose of this Part | |
| 15B | Taxpayer’s tax obligations | |
| | |
| | |
| 15C | PAYE intermediaries and listed PAYE intermediaries | |
| 15D | Application for approval as PAYE intermediary | |
| 15E | Revocation of approval | |
| 15F | Fitness of applicants | |
| 15G | Application for approval as listed PAYE intermediary | |
| 15H | Grounds for revocation of listing | |
| 15I | Procedure for revocation of listing | |
| 15J | Employers’ arrangements with PAYE intermediaries | |
| 15K | Privacy requirements | |
| 15L | Amended monthly schedules | |
| 15M | Subsidy claim forms | |
| | |
| 15N | RWT proxies | |
| | |
| 15O | Establishing tax pooling accounts | |
| 15P | Role of Commissioner | |
| 15Q | Applications to establish tax pooling accounts | |
| 15R | Fitness of applicants | |
| 15S | Requirements for applications to establish tax pooling accounts | |
| 15T | Winding up tax pooling accounts | |
| | |
| 15U | Approval of approved AIM providers | |
| 15V | Revocation of approval of AIM providers: Commissioner | |
| 15W | Revocation of approval of AIM providers: provider | |
| 15X | Publication of approval, revocation, etc | |
| 15Y | AIM method: approval of large business AIM-capable system | |
| 15Z | AIM method: approval of person over $5,000,000 | |
| 15U | Requirements for applications to establish tax pooling accounts [Repealed] | |
| 15V | Winding up tax pooling accounts [Repealed] | |
| [Repealed] | |
| 15W | RWT proxies [Repealed] | |
| | |
| | |
| 16 | Commissioner may access premises to obtain information | |
| 16B | Power to remove and copy documents | |
| 16C | Power to remove and retain documents for inspection | |
| 17 | Information to be furnished on request of Commissioner | |
| 17A | Court orders for production of information or return | |
| 18 | Inquiry before a District Court Judge | |
| 19 | Inquiry by Commissioner | |
| 20 | Privilege for confidential communications between legal practitioners and their clients | |
| 20B | No requirement to disclose tax advice document | |
| 20C | Treatment of document | |
| 20D | Claim that document is tax advice document | |
| 20E | Document or part of document included in tax advice document | |
| 20F | Person must disclose tax contextual information from tax advice document | |
| 20G | Challenge to claim that document is tax advice document | |
| 21 | Information requisitions in relation to offshore payments | |
| | |
| 21B | Preparing financial statements | |
| 21C | Preparing financial statements: Orders in Council | |
| 22 | Keeping of business and other records | |
| 22A | Records required under subpart EW of Income Tax Act 2007 | |
| 22B | Further records required | |
| 23 | Keeping of returns where information transmitted electronically | |
| | |
| 24 | Records to be kept by employer or PAYE intermediary | |
| [Repealed] | |
| 24BA | Offshore persons’ bank accounts and tax file numbers [Repealed] | |
| | |
| 24B | PAYE tax codes | |
| 24C | Tax code for payment that includes income-tested benefits | |
| 24D | Tax code for parental leave payment [Repealed] | |
| 24E | Tax code for employment as private domestic worker | |
| 24F | Special tax codes | |
| 24G | Use of incorrect tax codes or tax rates | |
| 24H | When entitlement to use tax code ends | |
| 24I | PAYE tax code notification and certificate | |
| 24IB | Special tax code notification | |
| | |
| 24J | Proof of payment | |
| 24K | Certain information required in returns | |
| 24L | Schedular notification | |
| 24LB | Schedular tax rate elected by payee | |
| 24LC | Schedular tax rate prescribed by Commissioner | |
| 24M | Exemption certificates for schedular payments | |
| 24N | Special tax rate certificates for schedular payments | |
| 24O | Certain information required from agricultural, horticultural, or viticultural employers [Repealed] | |
| 24P | Variation of requirements | |
| | |
| 24Q | Transfer of payroll donations by employers | |
| | |
| 25A | Use of inconsistent RWT rates | |
| 25 | RWT withholding certificates | |
| 26 | Records to be kept for RWT purposes | |
| 27 | Provision of tax file numbers | |
| 28 | Recipient of resident passive income to provide tax file number when RWT not withheld | |
| 28B | Notification of investors’ tax file numbers | |
| 28C | Person advising retirement savings scheme of retirement scheme prescribed rate | |
| 28D | Information required from notified foreign investors | |
| 29 | Shareholder dividend statement to be provided by company | |
| 30 | Statement to shareholder when FDP credit attached to dividend [Repealed] | |
| 30A | Statement to shareholder when CTR credit attached to dividend [Repealed] | |
| 30B | Statement to share supplier when share user makes replacement payment under share-lending arrangement | |
| 30C | Credit transfer notice to share supplier and Commissioner when share user transfers imputation credit under share-lending arrangement | |
| 30D | Statements to shareholders when certain assets held by companies | |
| 30E | Statement to transferee by life insurer when transferring life insurance policies | |
| 31 | Maori authority to give notice of amounts distributed | |
| 31B | Notification requirements for PIEs | |
| 31C | Notification requirements for multi-rate PIEs | |
| 32 | Records of specified charitable, benevolent, philanthropic, or cultural bodies | |
| 32A | Records to be provided by employer who contributes to superannuation fund | |
| 32B | Certification requirements for withdrawals subject to section CS 1 of Income Tax Act 2007 [Repealed] | |
| 32C | Certification requirements for transfers from superannuation funds [Repealed] | |
| 32D | Disclosure requirements for purpose of continuity provisions and public unit trusts | |
| | |
| 32E | Applications for RWT exemption certificates | |
| 32F | Calculation of annual gross income when threshold met | |
| 32G | Evidence of annual gross income and consequences of failure to meet threshold | |
| 32H | Providing RWT exemption certificate when person meets requirements | |
| 32I | Providing RWT exemption certificate to person who does not meet requirements | |
| 32J | RWT exemption certificates for unincorporated bodies | |
| 32K | Failing to meet basis of exemption | |
| 32L | Cancellation of RWT exemption certificates | |
| | |
| 32M | Persons with approved issuer status | |
| [Repealed] | |
| 32N | Information requirements when payments for foreign dividends reduced [Repealed] | |
| | |
| 33 | Returns of income | |
| 33AA | Exceptions to requirement for return of income | |
| 33A | Annual returns of income not required [Repealed] | |
| 33B | Return not required for certain scheduler gross income [Repealed] | |
| 33C | Return not required for certain providers of personal services | |
| 33D | Return not required for non-resident seasonal worker | |
| 34 | Presumption as to authority of person making return | |
| 34B | Commissioner to list tax agents | |
| 35 | Power of Commissioner to prescribe forms | |
| 36 | Commissioner may approve furnishing of return information by electronic means | |
| 36A | Electronic format of employer monthly schedule and PAYE payment form | |
| 36AB | Electronic return requirements for multi-rate PIEs | |
| 36B | Other formats of employer monthly schedule | |
| 36BB | Electronic format for details required for tax pooling intermediaries | |
| 36BC | Electronic format for details required under subpart EK of Income Tax Act 2007 | |
| 36BD | Electronic filing requirements for registered persons | |
| 36C | Particulars furnished in electronic format | |
| 36CA | Electronic filing exemption for new businesses | |
| 36D | Non-electronic filing of employer monthly schedule | |
| 36E | Election available to other employers | |
| 37 | Dates by which annual returns to be furnished | |
| 38 | Returns to annual balance date | |
| 39 | Consequential adjustments on change in balance date | |
| 39B | Changes in return dates: taxpayers with provisional tax and GST liabilities | |
| 40 | General requirements for returns | |
| 41 | Annual returns by persons who receive family assistance credit | |
| 41A | Returns by persons with tax credits for charitable or other public benefit gifts | |
| 41B | Return by person applying for tax credit on redundancy payment | |
| 42 | Returns by joint venturers, partners, and partnerships | |
| 42B | Returns by look-through companies and owners of interests | |
| 42C | Income tax returns by undischarged bankrupt | |
| 43 | Income tax returns and assessments by executors or administrators | |
| 43A | Non-active companies may be excused from filing returns | |
| 43B | Non-active trusts may be excused from filing returns | |
| 44 | Commissioner may in certain cases demand special returns, and make special assessments | |
| 44A | Special returns by taxpayers affected by reduced deductions under Income Tax Act 2007 | |
| 44B | Special returns for financial arrangements | |
| 44C | Certificates about trees | |
| 44D | Natural product dealer certificate | |
| 45 | AIM method information: taxpayers | |
| 45B | AIM method information: approved AIM providers | |
| 45 | New Zealand superannuitant to estimate other income [Repealed] | |
| 46 | Employers to make returns as to employees | |
| 46A | Accident Rehabilitation and Compensation Insurance Corporation to provide information as to recipients of weekly compensation | |
| | |
| 46B | FBT returns for quarters | |
| 46C | FBT returns for years | |
| 46D | FBT returns: changes in payment periods | |
| 46E | FBT returns: information for calculations | |
| 47 | ESCT statements provided by employers and others | |
| 47B | RSCT statements provided by retirement scheme contributor or retirement savings scheme | |
| 48 | Special arrangements for supply of information by employer or PAYE intermediary to Commissioner | |
| 48B | Reconciliation statement for retirement scheme contribution withholding tax | |
| 49 | NRWT withholding certificates and annual reconciliations | |
| 50 | Statement of payment of RWT | |
| 51 | RWT withholding reconciliation statements | |
| 52 | Disclosure of interest payments when no requirement to withhold RWT | |
| 53 | Disclosure of certain financial arrangement transactions where interest payable to exempt person, etc | |
| 54 | Information in relation to recipients of resident passive income | |
| 54B | Return of statement for RLWT | |
| 54C | Information in relation to payment of RLWT | |
| 54D | Information in relation to repayment of RLWT | |
| 54E | RLWT certificate of exemption | |
| 55 | Consequence of inability to provide tax file numbers | |
| 55B | Information relating to offshore persons and tax file numbers | |
| 56 | Returns of special accounts [Repealed] | |
| 57 | Maori authority to make returns of income | |
| 57B | Return requirements for multi-rate PIEs | |
| 58 | Returns of specified charitable, benevolent, philanthropic, or cultural bodies | |
| 59 | Disclosure of trust particulars | |
| 59B | Foreign trust with resident foreign trustee: registration and disclosure | |
| 59C | Time limits for registration and disclosure of changes | |
| 59D | Annual return for foreign trust | |
| 59E | Fees: regulations and exemption | |
| 60 | Returns of inter-related arrangements [Repealed] | |
| 61 | Disclosure of interest in foreign company or foreign investment fund | |
| 62 | Returns as to debentures and interest on debentures | |
| 63 | Commissioner to be notified of bonus issue | |
| 63B | Disclosure requirements for exempt ESSs | |
| 64 | Co-operative company to provide particulars of deemed dividend | |
| 65 | Information to be furnished with return by petroleum mining entity making dispositions of shares or trust interests | |
| 65B | Information to be furnished with return by entity apportioning interest expenditure under section FE 6B | |
| 66 | Annual and other returns for PCA persons [Repealed] | |
| 67 | Company dividend statement when ICA company declares dividend | |
| 68 | Statement when FDP credit attached to dividend [Repealed] | |
| 68A | Statement when CTR credit attached to dividend [Repealed] | |
| 68B | Distribution statement required when Maori authority makes distribution | |
| 68C | Tax credit relating to KiwiSaver and complying superannuation fund members: member credit form | |
| 68D | Statements in relation to research and development tax credits: single persons [Repealed] | |
| 68E | Statements in relation to research and development tax credits: internal software development groups [Repealed] | |
| 68F | Requirements for statements in relation to research and development tax credits [Repealed] | |
| 69 | Annual ICA return | |
| 69B | Annual Maori authority credit account return required by Maori authority | |
| 70 | Annual ICA return to be furnished if: required by Commissioner; requirement for imputation credit account ceases; or balance retrospectively reduced to debit or to less than refund | |
| 70B | Annual Maori authority credit account return to be furnished in particular cases | |
| 70C | Statements in relation to R&D loss tax credits and R&D repayment tax | |
| 71 | Annual FDPA return [Repealed] | |
| [Repealed] | |
| 71B | Return requirements for refunds: foreign dividends [Repealed] | |
| 72 | Annual FDPA return to be furnished where Commissioner so requires, or where company ceases to be resident in New Zealand [Repealed] | |
| 73 | Annual FDPA returns of consolidated groups [Repealed] | |
| 74 | Annual ICA return to be furnished in respect of consolidated imputation group | |
| 75 | Notification of amalgamation to Commissioner | |
| 76 | Amalgamated company to assume rights and obligations of amalgamating company | |
| 77 | Company electing to maintain branch equivalent tax account to furnish amended annual ICA return [Repealed] | |
| 78 | Annual and other returns for BETA persons | |
| 78B | Applications for tax credits | |
| 78C | Disclosure when changes occur | |
| 78D | Evidential requirements for tax credits | |
| 78E | Information for underlying foreign credits [Repealed] | |
| 78F | Time for providing information in relation to underlying foreign credits [Repealed] | |
| 79 | Other annual returns | |
| 80 | Commissioner may require other returns to be made | |
| | |
| 80A | Application | |
| 80B | Notification required that taxpayer not subject to this Part | |
| 80C | Requests for income statements | |
| 80D | Commissioner must issue income statement | |
| 80E | Particulars to be included in income statement | |
| 80F | Taxpayer obligations and assessment on receipt of income statement | |
| 80G | Income statement deemed return | |
| 80H | Income statement deemed assessment | |
| 80I | Deemed matters | |
| | |
| | |
| 80KA | Applications for payment of tax credit by instalment | |
| 80KB | Contents of application | |
| 80KC | When tax file number of child does not accompany application | |
| 80KD | What Commissioner must do on receipt of application | |
| | |
| 80KE | Notices of entitlement | |
| 80KF | Effect of giving notice of entitlement | |
| 80KG | Notifying Commissioner of events affecting notice of entitlement | |
| 80KH | Cancellation of notice of entitlement | |
| | |
| 80KI | Payment of tax credit by instalment by Commissioner | |
| 80KJ | Delay in providing notice of entitlement | |
| 80KK | Payment by instalment of family tax credit (without abatement) | |
| 80KL | Payment of instalments into accounts | |
| 80KLB | Recovery of excess tax credits | |
| 80KM | Summary of instalments paid | |
| | |
| 80KN | Payment of tax credit by chief executive | |
| 80KO | Determining WFF tax credit | |
| 80KP | When entitlement to income-tested benefit ends | |
| 80KQ | No authority to pay WFF tax credit | |
| 80KR | Request by chief executive to stop payment of WFF tax credit | |
| 80KS | Request by person to stop or re-start payment of tax credit | |
| 80KT | Details of payments of tax credits | |
| | |
| 80KU | Payment of tax credit taken over by Commissioner | |
| 80KV | Statement of family scheme income | |
| 80KW | Effect of extra instalment on entitlement to tax credit | |
| | |
| 81 | Officers to maintain secrecy | |
| 81A | Disclosure of information under approved information sharing agreement | |
| 81BA | Government agency communication | |
| 81B | Disclosure of information concerning tax advisor or person acting as tax agent | |
| 82 | Disclosure of information for matching purposes | |
| 82AA | Disclosure to ensure correct information included in New Zealand Business Number Register | |
| 82A | Disclosure of information to prevent cessation of benefit payments [Repealed] | |
| 83 | Disclosure of information for purposes of entitlement card [Repealed] | |
| 84 | Disclosure of information for WFF tax credit double payment identification [Repealed] | |
| 85 | Disclosure of address information in relation to debtors [Repealed] | |
| 85A | Disclosure of certain information in relation to fines defaulters | |
| 85B | Disclosure of information for purposes of mutual assistance provision contained in social security agreement | |
| 85C | Use and supply of information supplied for purposes of section 85B | |
| 85D | Ministry of Education to provide information as to study status of student loan borrowers [Repealed] | |
| 85E | Disclosure of information for assessment of levies | |
| 85F | Disclosure of information for verification of government screen production payment entitlement | |
| 85G | Disclosure of information in relation to Working for Families tax credits [Repealed] | |
| 85GB | Government Actuary to provide information to Commissioner for purpose of administration of KiwiSaver Act 2006 [Repealed] | |
| 85GC | Use of information supplied under section 85GB [Repealed] | |
| 85H | Disclosure of information for purposes of Parental Leave and Employment Protection Act 1987 | |
| 85I | Use of Parental Leave and Employment Protection Act 1987 and parental tax credit information to determine entitlement | |
| 85J | Disclosure of information for administration of Australian wine producer rebate | |
| 85K | New Zealand Police and Ministry of Justice to provide information concerning sex offences for purposes of child support exemptions | |
| 85L | Use of information supplied under section 85K | |
| 85M | Disclosure of information relating to some offences to the Registrar of Companies | |
| 85N | Disclosure of information to approved credit reporting agencies | |
| 86 | Other persons to maintain secrecy | |
| 87 | Further secrecy requirements | |
| 88 | Secrecy obligations not to prevent disclosure in arrangements for relief from double taxation and exchange of information | |
| 89 | Commissioner to notify Minister where funds of gift-exempt body applied for non-charitable purpose, etc | |
| | |
| 89A | Purpose of this Part | |
| 89AB | Response periods | |
| 89AC | Response period when initiating notice filed late | |
| | |
| 89B | Commissioner may issue notices of proposed adjustment | |
| 89C | Notices of proposed adjustment required to be issued by Commissioner | |
| 89D | Taxpayers and others with standing may issue notices of proposed adjustment | |
| 89DA | Taxpayer may issue notice of proposed adjustment for taxpayer assessment | |
| 89E | Election of small claims jurisdiction of Taxation Review Authority [Repealed] | |
| 89F | Content of notice of proposed adjustment | |
| 89G | Issue of response notice | |
| 89H | Deemed acceptance | |
| 89I | Circumstances where disputant may not challenge adjustment | |
| 89J | Where Commissioner accepts adjustment proposed by disputant | |
| 89K | Late actions deemed to occur within response period | |
| 89L | Application to High Court | |
| | |
| 89M | Disclosure notices | |
| 89N | Completing the disputes process | |
| 89O | Test cases | |
| 89P | Challenge notice for taxpayer-initiated disputes | |
| | |
| 90 | Determinations in relation to financial arrangements | |
| 90AA | Application of determinations made under section 90 | |
| 90AB | Application for determination | |
| 90AC | Determinations relating to financial arrangements | |
| 90AD | Notification of determinations and notices | |
| 90AE | Four-year period in which determination not required to be applied | |
| 90AF | Imputation arrangement to obtain tax advantage | |
| 90AG | Maori authority arrangements to obtain tax advantage | |
| 90A | Determinations in relation to apportionment of interest costs | |
| 91 | Determinations in relation to petroleum mining operations | |
| 91AA | Determinations in relation to standard-cost household service | |
| 91AAB | Determinations relating to types and diminishing values of listed horticultural plants | |
| | |
| 91AAC | Exemptions from section EA 3 of Income Tax Act 2007 | |
| | |
| 91AAD | Determination on methods for calculating value of specified livestock under national standard cost scheme | |
| 91AAE | Publication and revocation of determinations relating to livestock | |
| | |
| 91AAF | Determination on economic rate | |
| 91AAG | Determination on special rates and provisional rates | |
| 91AAH | Commissioner may decline to issue special rate or provisional rate | |
| 91AAI | Effect on special rate of change in circumstances | |
| 91AAJ | Disputing or challenging determination | |
| 91AAK | Notice of setting of economic rate | |
| 91AAL | Determination on maximum pooling value | |
| 91AAM | Applications for determinations | |
| | |
| 91AAN | Determinations on rates for diminishing value of environmental expenditure | |
| | |
| 91AAO | Determination on type of interest in FIF and use of fair dividend rate method | |
| | |
| 91AAQ | Determination on insurer as non-attributing active CFC | |
| | |
| 91AAR | Determination relating to eligible relocation expenses | |
| | |
| 91AAS | Declaration of emergency event for purposes of family scheme income | |
| | |
| 91AAT | Determinations relating to certain employment expenditure | |
| | |
| 91AAU | Participating jurisdictions for CRS applied standard | |
| 91AAV | Suspension of reportable jurisdictions for CRS applied standard | |
| 91AAW | Non-reporting financial institutions and excluded accounts for CRS applied standard | |
| | |
| 91AAX | Accounting and rate determinations relating to AIM method | |
| 91AAY | Class of taxpayers that must not use AIM method | |
| 91AAZ | AIM method information | |
| | |
| 91A | Purpose of this Part | |
| 91B | Interpretation | |
| 91C | Taxation laws in respect of which binding rulings may be made | |
| | |
| 91D | Commissioner may make public rulings | |
| 91DA | Content and notification of a public ruling | |
| 91DB | Effect of a public ruling | |
| 91DC | Application of a public ruling | |
| 91DD | Extension of a public ruling | |
| 91DE | Withdrawal of a public ruling | |
| | |
| 91E | Commissioner to make private rulings on application | |
| 91EA | Effect of a private ruling | |
| 91EB | Application of a private ruling | |
| 91EC | Applying for a private ruling | |
| 91ED | Disclosure requirements | |
| 91EE | Commissioner may request further information | |
| 91EF | Assumptions in making a private ruling | |
| 91EG | Right to consultation | |
| 91EH | Content and notification of a private ruling | |
| 91EI | Withdrawal of a private ruling | |
| 91EJ | Treatment of information | |
| | |
| 91F | Commissioner may make product rulings | |
| 91FA | Effect of a product ruling | |
| 91FB | Application of a product ruling | |
| 91FC | Applying for a product ruling | |
| 91FD | Disclosure requirements | |
| 91FE | Commissioner may request further information | |
| 91FF | Assumptions in making a product ruling | |
| 91FG | Right to consultation | |
| 91FH | Content and notification of a product ruling | |
| 91FI | Extension of a product ruling [Repealed] | |
| 91FJ | Withdrawal of a product ruling | |
| 91FK | Treatment of information | |
| | |
| 91G | Effect of legislative change on binding ruling | |
| 91GA | Applying for ruling on effect of change in legislation | |
| 91GB | Commissioner to make status rulings on application | |
| 91GC | Requirements for status ruling applications | |
| 91GD | Commissioner may request further information | |
| 91GE | Right to consultation | |
| 91GF | Content of status ruling | |
| 91GG | Notification of status ruling | |
| 91GH | Effect of status ruling | |
| 91GI | Effect of minor error on binding ruling | |
| 91H | Applications for rulings not to affect obligations and powers | |
| 91I | Regulations | |
| 91J | Commissioner may not issue ruling to applicant with outstanding debts | |
| | |
| 92 | Taxpayer assessment of income tax | |
| 92AAA | Determination on cost of timber [Repealed] | |
| 92AA | Assessment for tax credits under Part M of Income Tax Act 2007 [Repealed] | |
| 92AB | Assessments of liabilities of shareholders of qualifying companies | |
| 92A | Basic rates of income tax | |
| 92B | Taxpayer assessment of GST | |
| 93 | Assessment of FBT | |
| 93B | Trustee income: Commissioner’s power to assess | |
| 93C | Foreign tax credits: Commissioner’s power to amend assessments | |
| 94 | Assessment of qualifying company election tax and additional tax | |
| 94A | Assessment of shortfall penalties | |
| 94B | Liability of wholly-owned group and other bodies to pay shortfall penalties | |
| 94C | Assessment of penalties under sections 142H and 142I | |
| 95 | Assessment of withdrawal tax [Repealed] | |
| 96 | Assessment of New Zealand superannuitant surcharge [Repealed] | |
| 97 | Assessment of imputation penalty tax | |
| 97B | Assessment of Maori authority distribution penalty tax | |
| 97C | Assessment of R&D repayment tax | |
| 98 | Assessment of ESCT | |
| 98B | Assessment of retirement scheme contribution withholding tax | |
| 99 | Assessment of RWT | |
| 100 | Assessment of NRWT | |
| 101 | Assessment of further income tax | |
| 101B | Assessment of imputation additional tax | |
| 102 | Assessment of FDP [Repealed] | |
| 103 | Assessment of further FDP [Repealed] | |
| 103A | Assessment of FDP relating to conduit tax relief [Repealed] | |
| 104 | Assessment of FDP penalty tax [Repealed] | |
| 104B | Determination of credits and debits in memorandum accounts | |
| 105 | Assessments and determinations made by electronic means | |
| 106 | Assessment where default made in furnishing returns | |
| 107 | Amended assessment for income tax where return date between 31 March and 1 October | |
| 107A | Time bar for amendment of assessments | |
| 108 | Time bar for amendment of income tax assessment | |
| 108A | Time bar for amending GST assessment | |
| 108B | Extension of time bars | |
| 109 | Disputable decisions deemed correct except in proceedings | |
| 109A | Transitional provision affecting assessments | |
| 110 | Evidence of returns and assessments | |
| 111 | Commissioner to give notice of assessment to taxpayer | |
| 112 | Commissioner to make determination of life insurer’s policyholder net loss [Repealed] | |
| 113 | Commissioner may at any time amend assessments | |
| 113A | Correction of minor errors in subsequent returns | |
| 113B | Amended assessments if dividend recovered or repaid | |
| 113C | Amended assessments for attributed repatriation dividends [Repealed] | |
| 113D | Amended assessments for research and development tax credits | |
| 114 | Validity of assessments | |
| 115 | Determination of claims for foreign tax credits [Repealed] | |
| 116 | Notice of foreign tax credit determination to taxpayer [Repealed] | |
| 117 | Foreign tax credit determination deemed correct except in proceedings on objection [Repealed] | |
| 118 | Evidence of foreign tax credit determination [Repealed] | |
| 119 | Commissioner may determine amount of provisional tax | |
| 119A | Amount of provisional tax based on 1997–98 or earlier income year [Repealed] | |
| | |
| 120 | Commissioner to pay interest on certain excess tax [Repealed] | |
| 120A | Purpose of this Part and nature of interest | |
| 120AA | Application of Part | |
| 120B | Persons excluded | |
| | |
| 120C | Definitions | |
| 120D | Liability to pay interest | |
| 120E | Amount of interest payable | |
| 120EA | Amount of interest payable to or by life insurers [Repealed] | |
| 120F | Interest priority and rights of Commissioner | |
| 120G | Payment date | |
| 120H | Setting and varying interest rates | |
| 120I | No right to object to interest | |
| | |
| 120J | Purpose of specific provisions | |
| 120K | Instalments of and due dates for provisional tax [Repealed] | |
| 120KB | Provisional tax instalments and due dates generally | |
| 120KBB | Interest for most standard method and some estimation method provisional taxpayers | |
| 120KBC | Interest for AIM method provisional taxpayers | |
| 120KC | Residual income tax of new provisional taxpayer | |
| 120KD | Provisional tax instalments in transitional years | |
| 120KE | Provisional tax and rules on use of money interest | |
| 120L | Meaning of unpaid tax and overpaid tax for provisional tax purposes | |
| 120LB | Meaning of unpaid tax and overpaid tax for certain transferees under AIM method | |
| 120M | Where provisional tax paid by company does not count as overpaid tax | |
| 120N | Variation to definition of date interest starts for provisional tax | |
| 120O | Variation to definition of date interest starts | |
| 120OB | Variation to definitions for determining interest chargeable or payable to PAYE intermediaries | |
| 120OC | Application of sections 120A, 120AA and 120D to 120I to PAYE intermediaries | |
| 120OD | Application of sections 120A, 120AA and 120C to 120I to intermediaries who operate tax pooling accounts | |
| 120OE | Interest paid on deposits in tax pooling accounts | |
| 120P | Spreading tax liability or apportioning income back over earlier income years | |
| 120PA | Applying tax credit for supplementary dividend to earlier income year | |
| 120Q | Due date for underestimation penalty tax | |
| 120R | Special provision for FDP [Repealed] | |
| 120S | Amount in nature of interest to be added to fringe benefit tax paid on annual or income year basis [Repealed] | |
| 120T | Interest on deferrable tax | |
| 120U | Bond provided for obligation to withhold or deduct amount of tax | |
| 120V | Interest on overpaid RWT | |
| 120VB | Interest on overpaid AIM method provisional tax | |
| 120VC | Interest on some provisional tax | |
| 120W | Commissioner’s official opinions | |
| 120X | Petroleum miners’ tax losses [Repealed] | |
| 121 | Interest to be charged where residual income tax exceeds provisional tax [Repealed] | |
| 122 | Interest on tax overpaid [Repealed] | |
| 123 | Amount in nature of interest to be added to fringe benefit tax paid on annual or income year basis [Repealed] | |
| 124 | Interest to be charged and payable with respect to certain dividend withholding payments [Repealed] | |
| | |
| 124A | Application of Part 8 | |
| 125 | Certain rights of objection not conferred | |
| 126 | Procedure for objections to assessments | |
| 127 | Commissioner to consider objections and may amend assessment | |
| 128 | Payment of disputed tax where competent objection lodged | |
| 128A | Waiver of payment or security [Repealed] | |
| 129 | Determination of objection not to affect other matters | |
| 130 | Objections to allowance determinations | |
| 131 | Objections to determinations [Repealed] | |
| 132 | Application of this Part to objections to foreign tax credit determinations [Repealed] | |
| 133 | Wrong PAYE withholding determination a ground for objection | |
| | |
| 134 | Objector may require that objections be submitted to Taxation Review Authority | |
| 135 | Powers of Taxation Review Authority on determination of objection or case stated | |
| 136 | When objection may be referred directly to High Court | |
| 137 | Test case procedure | |
| 138 | Determination by Taxation Review Authority of objection in relation to allowances | |
| | |
| 138A | Application of this Part | |
| 138B | When disputant entitled to challenge assessment | |
| 138C | When disputant entitled to challenge disputable decision other than assessment | |
| 138D | Challenge may in exceptional circumstances be commenced after response period | |
| 138E | Certain rights of challenge not conferred | |
| 138F | Challenging disputable decisions which are not assessments | |
| 138G | Effect of disclosure notice | |
| 138H | Application to strike out proceedings | |
| 138I | Payment of disputed tax | |
| 138J | Waiver of payment or security [Repealed] | |
| 138K | Determination of challenge not to affect other matters | |
| 138L | Challenging civil penalties | |
| 138M | Wrong PAYE withholding determination a ground for challenge | |
| 138N | Proceedings may be transferred to different hearing authorities | |
| 138O | Transfer from small claims jurisdiction of Taxation Review Authority [Repealed] | |
| 138P | Powers of hearing authority | |
| 138Q | Challenges designated as test cases | |
| 138R | Stay of proceedings for similar cases | |
| 138S | Challenge to be heard before Taxation Review Authority | |
| | |
| 139 | Purposes of this Part | |
| | |
| 139A | Late filing penalty for certain returns | |
| 139AAA | Late filing penalty for GST returns | |
| 139AA | Non-electronic filing penalty | |
| 139B | Late payment penalty | |
| 139BA | Imposition of late payment penalties when financial relief sought | |
| 139C | Late payment penalty and provisional tax | |
| 140 | Where another person withholds RWT | |
| 140A | Underestimation penalty where income tax underestimated as at final instalment date [Repealed] | |
| 140B | Imputation penalty tax payable where end of year debit balance | |
| 140BB | Transitional imputation penalty tax payable in some circumstances [Repealed] | |
| 140C | Transitional imputation penalty tax payable in some circumstances [Repealed] | |
| 140CA | Transitional FDP penalty tax payable in some circumstances [Repealed] | |
| 140CB | Maori authority distribution penalty tax payable where end of year debit balance | |
| 140D | Application of other provisions of Act to imputation penalty tax and dividend withholding payment penalty tax [Repealed] | |
| 140DB | Application of other provisions of Act to Maori authority distribution penalty tax [Repealed] | |
| 141 | Tax shortfalls | |
| 141AA | Shortfall penalty if non-resident contractor relieved from all liability to pay tax on contract payment | |
| 141A | Not taking reasonable care | |
| 141B | Unacceptable tax position | |
| 141C | Gross carelessness | |
| 141D | Abusive tax position | |
| 141E | Evasion or similar act | |
| 141EA | Shortfall penalty and provisional tax | |
| 141EB | Promoter penalties | |
| 141EC | Definition of promoter | |
| 141ED | Not paying employer monthly schedule amount | |
| 141F | Commissioner to determine portions in which shortfall penalty payable by taxpayer and officers of taxpayer | |
| 141FB | Reduction of penalties for previous behaviour | |
| 141FC | Loss attributing qualifying companies—reduction of shortfall penalties [Repealed] | |
| 141FD | Shareholders of loss-attributing qualifying companies [Repealed] | |
| 141G | Reduction in penalty for voluntary disclosure of tax shortfall | |
| 141H | Reduction for disclosure of unacceptable tax position | |
| 141I | Reduction where temporary shortfall | |
| 141J | Limitation on reduction of shortfall penalty | |
| 141JAA | Shortfall penalty for not taking reasonable care or for taking unacceptable tax position may not be more than $50,000 | |
| 141JA | Application of Part 9 to non-filing taxpayers | |
| 141JB | Application of Part 9 to PAYE intermediaries | |
| 141K | Increased penalty for obstruction | |
| 141KB | Discretion to cancel some shortfall penalties [Repealed] | |
| 141L | Duty of Commissioner to report on application of penalties | |
| 142 | Due date for payment of late filing penalty | |
| 142A | New due date for payment of tax that is not a penalty | |
| 142AB | New due date for new and increased assessments | |
| 142B | Due date for shortfall penalties | |
| 142C | Due date for payments by officers | |
| 142D | Due date for repayment of excess refund or credit of tax | |
| 142E | Due dates for payment of imputation penalty tax | |
| 142F | Due date for payment of deferrable tax | |
| 142G | Due date for payment of non-electronic filing penalty | |
| 142H | Failures of financial institutions to meet requirements under Part 11B and CRS applied standard | |
| 142I | Failures to meet requirements under Part 11B to provide information, including self-certifications | |
| | |
| 143 | Absolute liability offences | |
| 143A | Knowledge offences | |
| 143B | Evasion or similar offence | |
| 143C | Offence for failure of officers of department to maintain secrecy | |
| 143D | Offence for failure of other persons to maintain secrecy | |
| 143E | Secrecy requirements where information given by department | |
| 143F | Offence in relation to inquiries | |
| 143G | Offence in relation to court orders | |
| 143H | Obstruction | |
| 144 | Certain offences in relation to Stamp and Cheque Duties Act 1971 [Repealed] | |
| 145 | Penalties for offences for which no specific penalty imposed | |
| 146 | Publication of names [Repealed] | |
| 147 | Employees and officers | |
| 147B | Directors and officers of resident foreign trustee | |
| 148 | Aiding or abetting | |
| | |
| 149 | Imposition of civil and criminal penalties | |
| 149A | Standard of proof and onus of proof | |
| 149B | Proceedings for offences | |
| 150 | Charging document may charge several offences | |
| 150A | Charging document may be filed within 10 years for income tax and GST offences | |
| 150B | Charging document may be filed within 4 years for stamp duty and gaming duty offences | |
| 150C | Authority to file charging document | |
| 150D | Evidence in proceedings for failure to furnish returns or information | |
| 150E | Evidence inconsistent with instrument not admissible to reduce stamp duty [Repealed] | |
| 151 | Non-presentation of instrument for stamping [Repealed] | |
| 152 | Evidence of financial or property transactions | |
| [Repealed] | |
| 153 | Imputation penalty tax payable where end of year debit balance of imputation credit account [Repealed] | |
| 154 | Dividend withholding payment penalty tax payable where end of year debit balance [Repealed] | |
| 155 | Application of other provisions of this Act to imputation penalty tax and dividend withholding payment penalty tax [Repealed] | |
| | |
| | |
| 156 | Mode of recovery of unpaid tax | |
| 156A | Recovery of civil penalties | |
| 157 | Deduction of tax from payments due to defaulters | |
| 157A | Application of Parts 7 and 9 to defaulters | |
| 158 | Procedure in High Court where defendant absent from New Zealand | |
| 159 | Procedure in District Court where defendant absent from New Zealand | |
| 160 | Commissioner may appear in legal proceedings by officer of Public Service | |
| 161 | Costs against Commissioner | |
| 162 | Proceedings not affected by vacancy or change in office of Commissioner | |
| 163 | No limitation of action to recover tax | |
| 164 | Crown Proceedings Act 1950 not affected | |
| 165 | Recovery of tax paid by one person on behalf of another | |
| 165AA | Recovery of tax paid by superannuation fund [Repealed] | |
| 165A | Recovery of excess tax credits allowed | |
| 165B | Recovery of overpaid refunds: NRWT | |
| 166 | Tax paid in excess may be set off against additional tax when assessment reopened | |
| 166B | Shipping business of absentee taxpayer | |
| | |
| 167 | Recovery of tax and payments from employers or PAYE intermediaries | |
| 168 | Employer or PAYE intermediary failing to withhold or deduct tax or payments | |
| 169 | Unpaid tax payments, etc, to constitute charge on employer’s or PAYE intermediary’s property | |
| 170 | Recovery of RWT | |
| 171 | Person failing to withhold RWT | |
| 172 | Unpaid RWT constitutes charge on payer’s property | |
| 173 | Overpayment of family tax credit, etc [Repealed] | |
| | |
| 173A | Application of Part | |
| 173B | Definitions | |
| 173C | Tax recovery agreements | |
| 173D | Taxes that may be recovered | |
| 173E | Requests for assistance | |
| 173F | Scope of assistance | |
| 173G | Limitations on assistance in recovery | |
| 173H | Contested act of assistance | |
| 173I | Rights of appeal | |
| 173J | Certificates given by Commissioner | |
| | |
| 173K | Application | |
| | |
| 173L | Transfer of excess tax within taxpayer’s accounts | |
| 173M | Transfer of excess tax to another taxpayer | |
| 173MB | Limitation on transfer by PAYE intermediary | |
| 173N | Transfer of excess tax: tax credits | |
| 173O | Transfer of excess tax if no date specified by taxpayer | |
| | |
| 173P | Transfer of excess provisional tax if provisional tax paid is more than taxpayer’s provisional tax liability, determined before assessment | |
| 173Q | Transfer of excess provisional tax if taxpayer estimates or revises estimate of residual income tax, determined before assessment | |
| 173R | Transfer of excess tax if provisional tax is more than taxpayer’s residual income tax, determined after assessment | |
| | |
| 173S | Transfers of interest on overpaid tax | |
| 173T | Application of excess tax if taxpayer has unsatisfied tax liability | |
| 173U | Transfers of excess financial support | |
| | |
| 174 | Application of Part to tax years before 1994 | |
| 174AA | Power of Commissioner in respect of small amounts of refunds or tax payable | |
| 174A | Partial refunds of GST | |
| 175 | Small amounts of additional tax, etc, not to be charged [Repealed] | |
| 176 | Recovery of tax by Commissioner | |
| 177 | Taxpayer may request financial relief | |
| 177A | How to apply serious hardship provisions | |
| 177B | Instalment arrangements | |
| 177C | Write-off of tax by Commissioner | |
| 177CA | Proof of debt | |
| 177D | Relief to taxpayers to whom new start grants payable [Repealed] | |
| 178 | Remission of underestimation penalty tax [Repealed] | |
| 179 | Relief from additional tax or incremental tax [Repealed] | |
| 180 | Remissions and refunds of imputation penalty tax | |
| 181 | Remissions and refunds of FDP penalty tax [Repealed] | |
| 181B | Remissions and refunds of Maori authority distribution penalty tax | |
| 181C | Remission of late payment penalties and interest incurred due to obligation to pay further income tax | |
| 181D | Remission of late payment penalties and interest incurred due to obligation by Maori authority to pay further income tax | |
| 182 | Relief from additional tax incurred due to default in payment of tax [Repealed] | |
| 183 | Obligation to pay tax on foreign investment fund income able to be suspended [Repealed] | |
| 183AA | Remission for GST transitional taxable periods | |
| 183A | Remission for reasonable cause | |
| 183ABA | Remission in circumstances of emergency event | |
| 183AB | Cancellation of late payment penalties imposed before 1 April 2002 | |
| 183B | Cancellation of late payment penalties under instalment arrangement [Repealed] | |
| 183C | Cancellation of interest | |
| 183CA | Cancellation of interest charged on unpaid provisional tax | |
| 183CB | Cancellation of interest charged on payments under PAYE rules or provisional tax rules arising from work in Canterbury earthquake recovery programme | |
| 183D | Remission consistent with collection of highest net revenue over time | |
| 183E | Remission of interest if unpaid tax remitted | |
| 183F | Small amounts of penalties and interest not to be charged | |
| 183G | Refunds by Commissioner | |
| 183H | Remission on application | |
| 183I | Time when cancellation takes effect | |
| 184 | Refund of tax paid on income subsequently exempted by Order in Council | |
| 184AA | Refund of tax: deductible amounts of interest | |
| 184A | Refund of tax paid in excess made by direct credit to bank account | |
| 184B | Tax type that may be direct credited to bank account | |
| 185 | Payment out of Crown Bank Account | |
| 185B | Application of particular provisions in this Part to PAYE intermediaries | |
| 185C | Establishment of Listed PAYE Intermediary Bank Account | |
| 185D | Payments into, and out of, Listed PAYE Intermediary Bank Account | |
| | |
| 185E | Purpose | |
| | |
| 185F | Permitted choices in relation to FATCA agreement | |
| 185G | Obligations related to FATCA agreement: registration | |
| 185H | Obligations related to FATCA agreement: due diligence | |
| 185I | Obligations related to FATCA agreement: information for NZ competent authority | |
| 185J | Obligations related to FATCA agreement: information for third parties | |
| 185K | Information provided in form prescribed by Commissioner | |
| 185L | Foreign account information-sharing agreements: anti-avoidance [Repealed] | |
| 185M | Timeframes not specified | |
| | |
| 185N | Requirements for financial institution | |
| 185O | Application of Common Reporting Standard | |
| | |
| 185P | Requirements for persons to provide information to financial institution | |
| 185Q | Requirements and penalties for entities that are not persons | |
| 185R | Foreign account information-sharing agreements: anti-avoidance | |
| [Repealed] | |
| [Repealed] | |
| 186 | Penal tax for evasion of deficient tax [Repealed] | |
| 187 | Penal tax deemed to be of the same nature as deficient tax [Repealed] | |
| 188 | Assessment of penal tax [Repealed] | |
| 189 | Date for payment of penal tax [Repealed] | |
| 190 | Objections to assessments of penal tax [Repealed] | |
| 191 | Recovery of penal tax [Repealed] | |
| 192 | Recovery of penal tax from executors or administrators [Repealed] | |
| 193 | Recovery of penal tax not affected by conviction of taxpayer [Repealed] | |
| 194 | Penal tax for default in making or paying tax deduction [Repealed] | |
| 195 | Penal tax for failure to deduct specified superannuation contribution withholding tax [Repealed] | |
| 196 | Penal tax for default in making or paying resident withholding tax deductions [Repealed] | |
| 197 | Penal tax for default in making or paying deductions of non-resident withholding tax [Repealed] | |
| [Repealed] | |
| 198 | Offences relating to obstruction of departmental functions [Repealed] | |
| 199 | Penalty for failure to furnish returns, etc [Repealed] | |
| 200 | Offence for failure to provide information requested by Commissioner [Repealed] | |
| 201 | Offence for officers and employees of corporate bodies [Repealed] | |
| 202 | Further offences for officers and employees of corporate bodies [Repealed] | |
| 203 | Offence for failure of officers of department to maintain secrecy [Repealed] | |
| 204 | Offence for failure of other persons to maintain secrecy [Repealed] | |
| 205 | Secrecy requirements where information given by department [Repealed] | |
| 206 | Offences relating to tax deductions [Repealed] | |
| 207 | Offences for failure to deduct specified superannuation contribution withholding tax [Repealed] | |
| 208 | Offences relating to resident withholding tax [Repealed] | |
| 209 | Offences for failure to deduct non-resident withholding tax [Repealed] | |
| 210 | Offences relating to dividend withholding payments [Repealed] | |
| 211 | Offences for failure to make deductions [Repealed] | |
| 212 | Offences relating to family support [Repealed] | |
| 213 | Offences in relation to inquiry before a District Court Judge [Repealed] | |
| 214 | Offences in relation to inquiry by Commissioner [Repealed] | |
| [Repealed] | |
| 215 | Proceedings to be taken summarily [Repealed] | |
| 216 | Information may charge several offences [Repealed] | |
| 217 | Information may be laid within 10 years [Repealed] | |
| 218 | Authority to lay information [Repealed] | |
| [Repealed] | |
| 219 | Evidence in proceedings for failure to furnish returns or information [Repealed] | |
| 220 | Evidence of financial or property transactions [Repealed] | |
| [Repealed] | |
| 221 | Penalties for offences [Repealed] | |
| 222 | Penalties for failure to meet various tax obligations [Repealed] | |
| 223 | Publication of names of tax evaders [Repealed] | |
| | |
| 224 | Regulations: Inland Revenue Acts generally | |
| 225 | Regulations | |
| 225AA | Regulations: co-operative dairy and marketing companies | |
| 225A | Power to make interim payments of WFF tax credit | |
| 225B | Order in Council amending Schedule 27 | |
| 225BA | Order under section 225B is confirmable instrument | |
| 225C | Order in Council amending Schedule 38 of Income Tax Act 2007 | |
| 225D | Regulations: community housing trusts and companies | |
| 226 | Power to extend time for doing anything under Act | |
| 226B | Business group amnesties | |
| 226C | Secure credit or debit card payments and fees | |
| 226D | Reportable jurisdictions for CRS standard and Part 11B | |
| 226E | Application of changes to CRS standard | |
| | |
| 227 | Transitional provisions and savings | |
| 227B | Regulations providing for transitional exemptions and other matters | |
| 227C | Transitional provision: voluntary application of employment income information provisions | |
| 227D | Transitional provision for certain filing requirements of employers | |
| 228 | Commissioner and department | |
| 229 | References to department, etc | |
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| Reprint notes | |