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Income Tax Act 2007

Memorandum accounts - Maori authority credit accounts (MACA)

OK 11: MACA transfer of excess tax to other Maori authorities

You could also call this:

“Transfer of excess tax between Māori authorities”

When you’re a Maori authority, you can transfer extra tax to another Maori authority. This is called a Maori authority debit. You can do this using section 173M of the Tax Administration Act 1994 or section RC 32(5)(b).

The date when this debit happens depends on when you ask for the transfer. If you ask during the same tax year you’re transferring from, it’s the date you make the request. If you ask in the next tax year, it’s the day of your request, but only if you have enough credit in your account at the end of the transfer year. If neither of these apply, it’s the day the transfer actually happens.

This debit is listed in a special table called O18: Maori authority debits. You can find it in rows 3, 3B, and 3C of that table.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1519362.

Topics:
Money and consumer rights > Taxes
Māori affairs > Treaty of Waitangi
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“Māori authority distributions create equal debits for attached credits”

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“Rules for Māori authority tax refunds and transfers”

Part O Memorandum accounts
Maori authority credit accounts (MACA)

OK 11MACA transfer of excess tax to other Maori authorities

  1. A Maori authority has a Maori authority debit for a transfer of excess tax to another Maori authority under section 173M of the Tax Administration Act 1994 or section RC 32(5)(b) (Wholly-owned groups of companies).

  2. The Maori authority debit in subsection (1) is referred to in table O18: Maori authority debits, row 3 (transfer to another Maori authority under section 173M of the Tax Administration Act 1994 or section RC 32(5)(b)), row 3B (transfer to another Maori authority under section 173M of the Tax Administration Act 1994) or section RC 32(5)(b), and row 3C (transfer to another Maori authority under section 173M of the Tax Administration Act 1994 or section RC 32(5)(b)).

  3. The debit date for a transfer of excess tax in a tax year (the transfer year) to another Maori authority under section 173M of the Tax Administration Act 1994 or section RC 32(5)(b) is—

  4. 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 day on which the request for the transfer is made, 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 tax 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 day of the transfer under section 173M of that Act or section RC 32(5)(b), if the requirements of neither paragraph (a) nor paragraph (b) are met.

        Compare
        Notes
        • Section OK 11 heading: replaced, on , by section 143(1) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
        • Section OK 11(1): replaced, on , by section 143(2) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
        • Section OK 11(2): amended, on , by section 143(3) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
        • Section OK 11(3): replaced, on , by section 143(4) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).