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Income Tax Act 2007

General collection rules - Refunds - Maori authorities

RM 25: Treatment of amounts not refunded

You could also call this:

“How extra tax paid by Maori authorities is used if it can't be refunded”

If you’re a Maori authority and you’ve paid too much income tax, sometimes you can’t get all of that extra money back. When this happens, here’s what you need to know:

The extra money that can’t be given back to you will be used in two ways:

First, it will be used to pay off any income tax or provisional tax that you owe for that tax year. This means the money will go towards paying your tax bill.

If there’s any money left after paying your tax bill, the Inland Revenue Department will keep it. They won’t give this money back to you.

Sometimes, the extra money might be used to pay for your provisional tax on a specific date. This can happen if the Tax Administration Act 1994 says that you need to pay residual income tax on a certain date.

Remember, these rules are part of the law and help to manage tax payments for Maori authorities like yours.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1520473.

Topics:

Money and consumer rights > Taxes

RM 24: Increase in credit balances, or

“When your Maori authority credit account balance increases after a loss of shareholder continuity”

RM 26: Treatment of further income tax paid, or

“How extra tax paid by Māori authorities is treated for refunds”

Part R General collection rules
Refunds: Maori authorities

RM 25Treatment of amounts not refunded

This section applies when, through the application of sections RM 22 and RM 23, an overpayment of income tax by a Maori authority is not refunded to the authority.
The amount prevented from being a refund is—
applied to satisfy an income tax or provisional tax liability of the Maori authority for the tax year of the entitlement; and
retained by the Commissioner to the extent to which paragraph (a) does not apply.

Despite subsection (2), the amount may be credited on a provisional tax instalment date if residual income tax is treated under the Tax Administration Act 1994 as payable on the date set out in Part 7 of that Act.

Compare

2004 No 35 s MD 2B(4), (4B)

Notes

Section RM 25(3): amended (with effect on 1 April 2008), on 18 March 2019, by section 269(1) (and see section 269(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).