Part R
General collection rules
Provisional tax:
Table R1: Summary of instalment dates and calculation methods for provisional tax
RC 18Changing calculation method
This section applies if, after having chosen to use a GST ratio for a tax year, a person liable to pay provisional tax either—
- chooses another way to calculate the amount of provisional tax payable for the tax year; or
- is required under section RC 17(1) or (2) to stop using a GST ratio for the corresponding income year.
The person must inform the Commissioner of their decision under subsection (1)(a)
. Subsection (4) or (5) then applies for the remaining instalments of provisional tax for the tax year.For the purposes of subsection (1)(b), the date on which the person stops using a GST ratio is, as applicable,—
- the date their GST registration ends; or
- the date of the amended assessment of their income tax liability or GST liability for the preceding tax year; or
- the date the person’s return of income referred to in section RC 17(1)(bb) is received by the Commissioner; or
- the effective date of a change in taxable period; or
- the last day of the period in which a return is liable to be provided under the Goods and Services Tax Act 1985.
If the person is unable or decides not to use a GST ratio before the date of instalment A, and section RC 3(3) does not apply, they may choose to determine the amount of provisional tax payable under section RC 5(2), (3) or (5). The person is treated as never having chosen to use the GST ratio method and, for the purposes of section 120KE(5) of the Tax Administration Act 1994, as never having changed the way they determine an amount of provisional tax under this section.
If the person is unable or decides not to use the GST ratio after an instalment date, and section RC 3(3) does not apply, they must determine the amount of provisional tax payable on instalment for the remainder of the income year under section RC 5(5) using the estimation method. The person must inform the Commissioner of the estimate.
If the person changes their calculation method under subsection (4) or (5), and the change is not required by section RC 17(1)(bb), the date on which the change applies may be a future date agreed between the person and the Commissioner.
For the purposes of this section,—
- the number of instalments and the instalment dates remaining for an income year depend on—
- the requirements of the method chosen by the person when they stop using the GST ratio; and
- the cycle of taxable periods chosen by the person, being either a monthly or 2-monthly basis:
- the requirements of the method chosen by the person when they stop using the GST ratio; and
- a person may change from using a GST ratio to a 6-monthly cycle of taxable periods only if—
- the requirements of section 15C of the Goods and Services Tax Act 1985 are met; and
- their 6-month taxable period is aligned with their balance date under section 15B of the Goods and Services Tax Act 1985:
- the requirements of section 15C of the Goods and Services Tax Act 1985 are met; and
- section 120KE(5) to (7) of the Tax Administration Act 1994 applies in deciding whether use of money interest is payable in relation to instalments under the new method.
Compare
- 2004 No 35 s MB 17
Notes
- Section RC 18(2): amended, on , by section 53(1) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
- Section RC 18(2): amended, on , by section 533(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
- Section RC 18(3)(bb): inserted, on (applying for the 2016–17 and later income years), by section 223(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section RC 18(4): amended, on (applying for the 2016–17 and later income years), by section 223(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section RC 18(4): amended, on , by section 533(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
- Section RC 18(5): amended, on , by section 53(2) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
- Section RC 18(5): amended, on (applying for the 2016–17 and later income years), by section 223(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section RC 18(6): amended, on (applying for the 2016–17 and later income years), by section 223(4) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section RC 18 list of defined terms inform: inserted, on , by section 53(3) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
- Section RC 18 list of defined terms return of income: inserted, on , by section 223(5) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).