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Income Tax Act 2007

Tax credits paid in cash - Tax credits for KiwiSaver schemes and complying superannuation funds

MK 2: Eligibility requirements

You could also call this:

“Requirements to get tax credits paid in cash for KiwiSaver or superannuation schemes”

To be eligible for tax credits paid in cash, you need to meet certain requirements. You must be at least 18 years old. You need to be a member of a complying superannuation fund or a KiwiSaver scheme. You can’t be allowed to take money out of the scheme or fund under certain rules. You also can’t have taken money out because of a life-shortening condition.

You should live mainly in New Zealand. However, if you don’t, you can still be eligible if you work for the New Zealand government overseas. You can also qualify if you work overseas as a volunteer or for very little pay for a charity, as long as your work meets certain conditions.

If you work overseas for the government or a charity, you need to give proof to your fund provider. This proof should show that you meet the requirements and for how long.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1518602.

Topics:
Money and consumer rights > Taxes
Money and consumer rights > Savings and retirement
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MK 1: Tax credits for superannuation contributions, or

“Tax credits for KiwiSaver and superannuation fund contributions”

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MK 3: Payment of tax credits, or

“How the government pays tax credits to your KiwiSaver or superannuation fund”

Part M Tax credits paid in cash
Tax credits for KiwiSaver schemes and complying superannuation funds

MK 2Eligibility requirements

  1. For the purposes of section MK 1(1), the requirements for the person for the year described in section MK 1(3) are the following:

  2. they must be 18 years or older; and
    1. they must have a creditable membership of a complying superannuation fund or a KiwiSaver scheme; and
      1. they must not be entitled under schedule 1, clause 4 of the KiwiSaver Act 2006 or an equivalent provision to withdraw an amount from the scheme or fund; and
        1. they must not have made a withdrawal under clause 12B of the KiwiSaver scheme rules (which relates to life-shortening congenital condition withdrawals); and
          1. they must reside mainly in New Zealand, or otherwise they must—
            1. be an employee of the State services under the Public Service Act 2020 serving outside New Zealand; or
              1. work overseas as a volunteer or for token payment for a charity (within the meaning of section 4(1) of the Student Loan Scheme Act 2011) and the work meets 1 or more of the requirements in schedule 1, clause 2(1) of that Act.

              2. For the purposes of subsection (1)(d)(i) and (ii), the person must give the fund provider written evidence that they meet the requirements, and of the period in which they meet the requirements.

              Compare
              Notes
              • Section MK 2(1) heading: substituted, on , by section 127(1) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
              • Section MK 2(1): amended (with effect on 1 April 2008), on , by section 367 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
              • Section MK 2(1): amended, on , by section 127(1) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
              • Section MK 2(1)(b): substituted, on , by section 127(2) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
              • Section MK 2(1)(c): amended, on , by section 242 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section MK 2(1)(cb): inserted, on , by section 167 of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section MK 2(1)(d)(i): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
              • Section MK 2(1)(d)(ii): replaced, on , by section 45 of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
              • Section MK 2 list of defined terms creditable membership: inserted, on , by section 127(3) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
              • Section MK 2 list of defined terms resident in New Zealand: repealed (with effect on 1 April 2008), on , by section 107 of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).