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Income Tax Act 2007

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

MK 3: Payment of tax credits

You could also call this:

"Getting money back from the government for your KiwiSaver or superannuation fund"

Illustration for Income Tax Act 2007

When you put money into a KiwiSaver scheme or a superannuation fund, the government may give you a tax credit. This happens when the fund provider files a claim form under section 68C(3) or (4) of the Tax Administration Act 1994 for you. The Commissioner will pay the tax credit to the fund provider within 30 working days of being satisfied that you meet the requirements in section MK 2(1)(cc).

The Commissioner must pay the full amount of the tax credit by direct credit to the fund provider. However, in some cases, the Commissioner may pay the tax credit to you instead, such as if you have no fund provider, or if you have died or are seriously ill, as defined in schedule 1, clause 12(3) of the KiwiSaver Act 2006. The Commissioner may also pay the tax credit to a different fund provider if you are transferring to that provider. The amount of the tax credit is calculated under section MK 4.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1518604.

Topics:
Money and consumer rights > TaxesMoney and consumer rights > Savings and retirement
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MK 2B: Taxable income, or

"What you earn that is counted for tax purposes is called your taxable income."

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MK 4: Amount of tax credit, or

"How much tax credit you can get based on your contributions"

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

MK 3Payment of tax credits

  1. This section applies—

  2. when a member credit contribution is made to a KiwiSaver scheme or a complying superannuation fund by a person; and
    1. the fund provider of the scheme or fund files a claim form under section 68C(3) or (4) of the Tax Administration Act 1994 for the person.

      1. Within 30 working days of the Commissioner being satisfied that the person meets the requirement in section MK 2(1)(cc), the Commissioner must pay a tax credit to the fund provider of the scheme or fund to which the person has contributed. The amount of the tax credit is calculated under section MK 4. Subsection (5) overrides this subsection.

      2. The Commissioner must pay the full amount of the tax credit by direct credit to the fund provider without subtracting any amount that the person or fund provider may be obliged to pay to the Commissioner. Subsection (5) overrides this subsection.

      3. Repealed

      4. Despite subsections (2) and (3), the Commissioner may pay the amount of the tax credit as follows:

      5. to the person, if it would be impossible or impractical to pay it to the person's fund provider because either the person has no fund provider, or because the person has died or has suffered a serious illness as defined in schedule 1, clause 12(3) of the KiwiSaver Act 2006; or
        1. to a fund provider (provider B) other than the fund provider referred to in subsections (2) and (3), if the person is transferring or has transferred to provider B.

          Compare
          • 2004 No 35 ss KJ 1, KJ 4, OB 1 member credit contributions
          Notes
          • Section MK 3(1) heading: substituted, on , by section 128(1) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
          • Section MK 3(1): replaced, on , by section 12(1) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).
          • Section MK 3(2): amended, on , by section 12(2) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).
          • Section MK 3(2): amended, on , by section 128(2) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
          • Section MK 3(3): amended, on , by section 128(3) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
          • Section MK 3(4) heading: repealed, on , pursuant to section 12(3) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).
          • Section MK 3(4): repealed, on , by section 12(3) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).
          • Section MK 3(5) heading: added, on , by section 128(4) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
          • Section MK 3(5): added, on , by section 128(4) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
          • Section MK 3(5)(b): amended, on , by section 111 of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).
          • Section MK 3 list of defined terms employer contribution: repealed, on , by section 12(4)(b) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).
          • Section MK 3 list of defined terms employer’s superannuation contribution: repealed, on , by section 12(4)(b) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).
          • Section MK 3 list of defined terms member credit contribution: inserted, on , by section 128(5)(a) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
          • Section MK 3 list of defined terms superannuation contribution: repealed, on , by section 128(5)(b) of the Taxation (KiwiSaver) Act 2007 (2007 No 110).
          • Section MK 3 list of defined terms trustee: repealed, on , by section 12(4)(b) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).
          • Section MK 3 list of defined terms working day: inserted, on , by section 12(4)(a) (and see section 12(5) for application) of the Taxation (Budget Measures) Act 2025 (2025 No 26).