Income Tax Act 2007

Income - Exempt income

CW 35: Personal service rehabilitation payments

You could also call this:

"Payments for help with rehabilitation after an accident are tax-free."

Illustration for Income Tax Act 2007

You get a personal service rehabilitation payment if you are paid under the Accident Compensation Act 2001. You must pay someone for helping you with social rehabilitation. The amount you pay must be equal to or more than the payment you got. You can get this payment in the same year or later. It is called a reimbursement payment if you get it later. A reimbursement payment is for social rehabilitation you got in an earlier year. If you get a personal service rehabilitation payment, it is exempt income. This means you do not pay tax on it. You can find more information about this in the Accident Compensation Act 2001, which you can read on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM99493.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1513252.

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Part CIncome
Exempt income

CW 35Personal service rehabilitation payments

  1. An amount paid to a person for an income year as a personal service rehabilitation payment is exempt income of the person if—

  2. they are paid the amount under the Accident Compensation Act 2001 either—
    1. in the income year; or
      1. as a reimbursement payment in a later income year; and
      2. they pay an amount to another person for providing them in the income year or in an earlier income year a key aspect of social rehabilitation referred to in the definition of personal service rehabilitation payment; and
        1. the amount paid is equal to or more than the amount of personal service rehabilitation payment for the income year or an earlier income year after taking into account any amount of tax withheld.
          1. For the purposes of this section, sections DF 4, LB 7, and RD 20B, reimbursement payment means a personal service rehabilitation payment that—

          2. relates to a key aspect of social rehabilitation that is provided to a person in an income year; and
            1. is paid to them in an income year that is later than the income year in which they were provided the rehabilitation.
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              Notes
              • Section CW 35: substituted, on , by section 329 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
              • Section CW 35(1) heading: inserted (with effect on 1 April 2018), on , by section 138(1) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section CW 35(1)(a): replaced (with effect on 1 April 2018), on , by section 138(2) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section CW 35(1)(b): amended (with effect on 1 April 2018), on , by section 138(3) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section CW 35(1)(c): amended (with effect on 1 April 2018), on , by section 138(4) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section CW 35(2) heading: inserted (with effect on 1 April 2018), on , by section 138(5) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section CW 35(2): inserted (with effect on 1 April 2018), on , by section 138(5) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section CW 35(2): amended, on , by section 22 of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).
              • Section CW 35(2): amended (with effect on 1 July 2008), on , by section 48 of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
              • Section CW 35 list of defined terms reimbursement payment: inserted (with effect on 1 April 2018), on , by section 138(6) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).