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RD 64: ESCT rules and their application
or “Rules for taxing employer payments to employee retirement savings”
You could also call this:

“Employer payments to employee retirement savings”

An employer’s superannuation cash contribution is money paid by an employer or someone paying for their past employees. This can be paid to a superannuation fund, a foreign superannuation scheme for cross-border employees, or to the Commissioner under the KiwiSaver Act for later payment to a fund.

The amount of the contribution includes the money received by the fund (or Commissioner) plus any tax withheld for the contribution.

If you make this type of contribution, you must pay the tax amount to the Commissioner. You usually have to make two payments each month, as set out in section RA 15. However, this is different if section RD 4(2) applies to you as an employer.

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Next up: RD 66: Complying fund rules

or “Rules for complying funds no longer apply”
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Part R General collection rules
Employment-related taxes: Introductory provisions

RD 65Employer's superannuation cash contributions

  1. An employer’s superannuation cash contribution means a superannuation contribution that is an employer’s superannuation contribution or made by a person for the benefit of 1 or more of their past employees, if the contribution is paid in money—

  2. to a superannuation fund:
    1. by an employer of a cross-border employee to a foreign superannuation scheme and the employer chooses to apply this subsection to the contribution:
      1. under the KiwiSaver Act 2006 to the Commissioner for later payment to a superannuation fund.

        1. The amount of an employer's superannuation cash contribution is the sum of—

        2. the amount of the contribution received by the superannuation fund or, for a contribution paid to the Commissioner under the KiwiSaver Act 2006, received by the Commissioner for payment to the superannuation fund; and
          1. the amount of tax withheld for the employer’s superannuation contribution.

            1. An employer or person who makes an employer's superannuation cash contribution on behalf of an employee or past employee must pay to the Commissioner the amount of tax for the contribution. The amount is payable in 2 payment periods in a month as set out in section RA 15 (Payment dates for interim and other tax payments) unless they are an employer to whom RD 4(2) applies.

            2. Repealed

            3. Repealed

            4. Repealed

            5. Repealed

            6. Repealed

            7. Repealed

            8. Repealed

            9. Repealed

            10. Repealed

            11. Repealed
            Compare
            • 2004 No 35 ss NE 2(2), NE 3, NE 3B, NE 6, OB 1 employer’s superannuation contribution, specified superannuation contribution
            Notes
            • Section RD 65(1) heading: replaced (with effect on 1 April 2008), on , by section 140(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
            • Section RD 65(1): replaced, on , by section 106(1) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
            • Section RD 65(2): amended (with effect on 1 April 2008), on , by section 519(3) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
            • Section RD 65(2)(b): amended (with effect on 1 April 2008), on , by section 519(4) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
            • Section RD 65(3): amended, on , by section 216 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
            • Section RD 65(3): amended (with effect on 1 April 2008), on , by section 140(2) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
            • Section RD 65(3): amended (with effect on 1 April 2012), on , by section 140(3) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
            • Section RD 65(4) heading: repealed, on , pursuant to section 9(1) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65(4): repealed, on , by section 9(1) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65(5) heading: repealed, on , pursuant to section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(5): repealed, on , by section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(6) heading: repealed, on , pursuant to section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(6): repealed, on , by section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(7) heading: repealed, on , pursuant to section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(7): repealed, on , by section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(8) heading: repealed, on , pursuant to section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(8): repealed, on , by section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(9) heading: repealed, on , pursuant to section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(9): repealed, on , by section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(10) heading: repealed, on , pursuant to section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(10): repealed, on , by section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(11) heading: repealed, on , pursuant to section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(11): repealed, on , by section 55(b) of the Taxation (Urgent Measures and Annual Rates) Act 2008 (2008 No 105).
            • Section RD 65(12) heading: repealed (with effect on 1 April 2008), on , pursuant to section 519(10) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
            • Section RD 65(12): repealed (with effect on 1 April 2008), on , by section 519(10) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
            • Section RD 65(13) heading: repealed, on , pursuant to section 9(2) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65(13): repealed, on , by section 9(2) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms complying fund calculation period: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms complying fund rules: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms complying superannuation fund: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms compulsory employer contribution: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms cross-border employee: inserted, on , by section 106(2) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
            • Section RD 65 list of defined terms employer's superannuation cash contribution: inserted (with effect on 1 April 2008), on , by section 519(12) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
            • Section RD 65 list of defined terms employer's superannuation contribution: repealed (with effect on 1 April 2008), on , by section 519(12) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
            • Section RD 65 list of defined terms foreign superannuation scheme: inserted, on , by section 106(2) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
            • Section RD 65 list of defined terms KiwiSaver calculation period: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms KiwiSaver contribution: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms KiwiSaver scheme: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).
            • Section RD 65 list of defined terms salary or wages: repealed, on , by section 9(3) of the Taxation (Annual Rates and Budget Measures) Act 2011 (2011 No 23).