Part 5Matters of general application and miscellaneous matters
Matters of general application
194Order in which certain deductions and payments offset against borrower's consolidated loan balance
A borrower deduction or payment received by the Commissioner in respect of a borrower’s consolidated loan balance must be offset as follows:
- first, against the borrower’s oldest assessments, unpaid amounts, and repayment obligations; and
- within each of those things, first, against any interest charged and secondly, any remainder must be offset against any principal outstanding.
The following must not be used to satisfy other repayment obligations, unpaid amounts, or penalties (unless the borrower’s consolidated loan balance consists only of 1 or more of those things):
- a standard deduction that is not a significant over-deduction:
- a Commissioner deduction for the purposes of section 49(1)(a) that does not exceed the total amount specified under section 49(2)(b):
- an entitlement under the final-year fees-free scheme.
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Notes
- Section 194 heading: amended, on , by section 75(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section 194(1): replaced, on , by section 75(2) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section 194(2): inserted, on (applying for 2013–14 and later tax years), by section 66 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
- Section 194(2): amended, on , by section 75(3) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
- Section 194(2)(c): inserted (with effect on 1 January 2025), on , by section 260 of the Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Act 2025 (2025 No 9).