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Income Tax Act 2007

Memorandum accounts - Maori authority credit accounts (MACA)

OK 2: MACA payment of tax or transfer to account

You could also call this:

“How Māori authorities can get tax credits for paying or transferring tax”

You can get a Maori authority credit for paying income tax or provisional tax, or for transferring extra tax under section 173L of the Tax Administration Act 1994. This credit is listed in a special table called O17.

However, you can’t get this credit for some types of tax payments. These include tax paid before the 2004-05 tax year, tax paid when you weren’t a Maori authority, tax paid using other credits, or tax paid using further income tax.

The date you get the credit depends on how you paid the tax. If you paid income tax or provisional tax, the credit date is the day you paid. If you transferred extra tax from another period or tax type, the credit date can be the day you asked for the transfer or the day the transfer happened, depending on when you asked and how much credit you had.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1519343.

Topics:
Money and consumer rights > Taxes
Māori affairs > Treaty of Waitangi
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OK 1: General rules for Maori authorities with Maori authority credit accounts, or

“Rules for Māori authorities' tax credit accounts”

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OK 3: MACA transfer of excess tax from other Maori authorities, or

“Transferring excess tax between Māori authorities”

Part O Memorandum accounts
Maori authority credit accounts (MACA)

OK 2MACA payment of tax or transfer to account

  1. A Maori authority has a Maori authority credit for a payment of income tax or provisional tax, or for an amount of excess tax transferred under section 173L of the Tax Administration Act 1994. Subsection (3) overrides this subsection.

  2. The Maori authority credit in subsection (1) is referred to in table O17: Maori authority credits, row 2 (provisional tax and income tax paid), row 2B (transfer under section 173L of the Tax Administration Act 1994), row 2C (transfer under section 173L of the Tax Administration Act 1994), and row 2D (transfer under section 173L of the Tax Administration Act 1994).

  3. No credit under subsection (1) arises for—

  4. income tax paid for a tax year before the 2004–05 tax year; or
    1. income tax paid for income derived when the Maori authority was not a Maori authority; or
      1. income tax paid by a credit under section LE 1 (Tax credits for imputation credits); or
        1. income tax paid by crediting a research and development tax credit against income tax liability; or
            1. further income tax applied under section OK 23 to pay income tax or provisional tax.

              1. The credit date is—

              2. for a payment of income tax or provisional tax, the day on which the tax is paid; or
                1. for an amount of excess tax transferred in a tax year (the transfer year) from another period or tax type of the Maori authority under section 173L of the Tax Administration Act 1994,—
                  1. despite section 173L(2)(a) to (bb) of that Act, the date of the request for the transfer, if that date is in the transfer year; or
                    1. despite section 173L(2)(a) to (bb) of that Act, the date of the request for the transfer, if that date is in the tax year following the transfer year and, at the end of the transfer year, the credit in the MACA from which the amount is transferred equals or exceeds the amount of all transfers from that account requested in the transfer year under section 173L or 173M of that Act or section RC 32(5)(b), and the MACA to which the transfer is made is in credit; or
                      1. the date of the transfer under section 173L of that Act, if the requirements of neither subparagraph (i) nor subparagraph (ii) are met.

                      Compare
                      Notes
                      • Section OK 2 heading: replaced, on , by section 141(1) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
                      • Section OK 2(1): amended, on , by section 141(2) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
                      • Section OK 2(2): amended, on , by section 141(3) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
                      • Section OK 2(3)(cb): inserted, on , by section 14(1) (and see section 3 for application) of the Taxation (Research and Development Tax Credits) Act 2019 (2019 No 15).
                      • Section OK 2(3)(cb): repealed (with effect on 1 April 2009), on , by section 220 of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
                      • Section OK 2(4): replaced, on , by section 141(4) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
                      • Section OK 2 list of defined terms research and development tax credit: inserted, on , by section 14(2) (and see section 3 for application) of the Taxation (Research and Development Tax Credits) Act 2019 (2019 No 15).