Part R
General collection rules
Provisional tax:
Table R1: Summary of instalment dates and calculation methods for provisional tax
RC 10Calculating amount of instalment under standard and estimation methods
This section applies for the purposes of—
- section RC 5(2), (3), and (5) (which relates to the calculation of a provisional tax liability); and
- section RC 9(3) and (5) (which relates to payment of instalments); and
- sections RC 13 and RC 14 (which relate to persons with an initial provisional tax liability and those with an extension of time for providing a return); and
- sections RC 26 and RC 27 (which relate to changes in taxable periods).
The amount of an instalment of provisional tax is calculated using the formula—
Where:
In the formula,—
- residual income tax is a person’s residual income tax, as applicable—
- for the preceding tax year, uplifted by 5% (modified as applicable by sections RZ 5 (Calculating amounts under standard method: 2010–11 to 2012–13 income years) and RZ 5D (Standard method or GST method: transition for Maori authorities); or
- for the tax year before the preceding tax year, uplifted by 10% (modified as applicable by sections RZ 5 and RZ 5D); or
- the amount estimated by them:
- for the preceding tax year, uplifted by 5% (modified as applicable by sections RZ 5 (Calculating amounts under standard method: 2010–11 to 2012–13 income years) and RZ 5D (Standard method or GST method: transition for Maori authorities); or
- instalment number is the number of the instalment for the tax year, whether first, second, or third:
- total instalments is the total number of instalments for the tax year:
- provisional tax is the amount of a person’s provisional tax liabilities for the tax year to date.
If a change occurs to the balance date or cycle of a person’s taxable periods, the calculation of the amount of an instalment is made under this section, applying the updated figures to the items in the formula.
A person who uses the standard method may, despite subsection (2), choose that the amount of their final instalment of provisional tax of a tax year is calculated using the following formula, if their expected RIT under subsection (6)(a) is $60,000 or more—
Where:
In the formula,—
- expected RIT is the person’s expectation of their residual income tax for the tax year:
- tax is the amount of a person’s provisional tax liabilities for the tax year to date.
An instalment calculated under this section is truncated to whole dollars, for example $10.98 equals $10.
Compare
- 2004 No 35 s MB 9
Notes
- Section RC 10(1)(b): amended, on , by section 530 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
- Section RC 10(3)(a)(i): amended (with effect on 1 October 2010), on , by section 123(a) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
- Section RC 10(3)(a)(i): amended, on , by section 27(a) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
- Section RC 10(3)(a)(i): amended, on , by section 41(a) of the Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008 (2008 No 36).
- Section RC 10(3)(a)(ii): amended (with effect on 1 October 2010), on , by section 123(b) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
- Section RC 10(3)(a)(ii): amended, on , by section 27(b) of the Taxation (Budget Measures) Act 2010 (2010 No 27).
- Section RC 10(3)(a)(ii): amended, on , by section 41(b) of the Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008 (2008 No 36).
- Section RC 10(5) heading: inserted (with effect on 1 April 2019), on , by section 171(1) (and see section 171(3) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section RC 10(5): inserted (with effect on 1 April 2019), on , by section 171(1) (and see section 171(3) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section RC 10(6) heading: inserted (with effect on 1 April 2019), on , by section 171(1) (and see section 171(3) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section RC 10(6): inserted (with effect on 1 April 2019), on , by section 171(1) (and see section 171(3) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section RC 10(7) heading: inserted (with effect on 1 April 2017), on , by section 171(2) (and see section 171(4) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section RC 10(7): inserted (with effect on 1 April 2017), on , by section 171(2) (and see section 171(4) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).