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Income Tax Act 2007

General collection rules - Refunds

RM 4: Overpayment on amended assessment

You could also call this:

“Getting a refund if you've paid too much tax after your assessment changes”

If you pay too much tax because of a change in your tax assessment, the Commissioner of Inland Revenue must give you a refund. This happens when:

You paid extra tax because your assessment was changed to increase the amount you owe.

The amount you paid is more than what you actually need to pay.

For income tax, it’s within 4 years from the end of the tax year when your assessment was changed.

For other types of taxes, like ancillary tax or approved issuer levy, it’s within 4 years from the end of the period when you provided your tax return or statement.

When you provide a return for an ancillary tax, it’s treated the same as if you made an assessment of that tax yourself.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1520420.

Topics:
Money and consumer rights > Taxes
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Part R General collection rules
Refunds

RM 4Overpayment on amended assessment

  1. The Commissioner must refund an amount of tax that a person has paid if—

  2. the person paid the amount as a result of an amendment to an assessment increasing the amount of tax payable by the person; and
    1. the amount is more than the amount required to be paid by the person under this Part; and
      1. for income tax, the 4-year period under section 108(1) of the Tax Administration Act 1994 beginning from the end of the tax year in which the assessment was amended has not ended; and
        1. for an ancillary tax or approved issuer levy, the 4-year period under section 108(1C) of that Act beginning from the end of the period in which the return or statement was provided has not ended.

          1. For the purposes of this section, the provision by a person of a return for an amount of an ancillary tax for a period is treated as the making of an assessment of the amount of the ancillary tax by the person.

          2. Repealed
          Compare
          Notes
          • Section RM 4(1)(c): replaced (with effect on 3 May 2016), on , by section 265 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
          • Section RM 4(1)(d): inserted (with effect on 3 May 2016), on , by section 265 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
          • Section RM 4(1B) heading: inserted, on , by section 166(1) (and see section 166(3) for application) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
          • Section RM 4(1B): inserted, on , by section 166(1) (and see section 166(3) for application) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
          • Section RM 4(2) heading: repealed (with effect on 1 April 2013 and applying to overpayments for the 2013–14 and later tax years), on , pursuant to section 88(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
          • Section RM 4(2): repealed (with effect on 1 April 2013 and applying to overpayments for the 2013–14 and later tax years), on , by section 88(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
          • Section RM 4 list of defined terms ancillary tax: inserted, on , by section 166(2) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
          • Section RM 4 list of defined terms income year: repealed (with effect on 1 April 2013 and applying to overpayments for the 2013–14 and later tax years), on , by section 88(3)(a) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
          • Section RM 4 list of defined terms tax year: inserted (with effect on 1 April 2013 and applying to overpayments for the 2013–14 and later tax years), on , by section 88(3)(b) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).