Part 2Repayment obligations of borrowers
New Zealand-based non-resident borrowers and borrowers with New Zealand-based and overseas-based repayment obligations
115AReassessment of borrower's overseas-based repayment obligations in year of return to New Zealand
The Commissioner may reassess a borrower's overseas-based repayment obligation if the borrower notifies the Commissioner—
- that the borrower has returned to New Zealand; and
- that he or she intends to become New Zealand-based; and
- of the specific date from which he or she expects to become New Zealand-based.
The borrower must notify the Commissioner of any other information that the Commissioner may reasonably require for the purposes of either or both of the following:
- establishing any of the matters in subsection (1):
- the reassessment.
If the Commissioner reassesses a borrower's overseas-based repayment obligation under this section,—
- the reassessment must be made in accordance with section 115, as if the borrower were New Zealand-based from the date notified by the borrower under subsection (1)(c); and
- section 109(6) and (7) apply to the reassessment as if it were an assessment under that section.
Despite the reassessment of a borrower's overseas-based repayment obligation under this section, the borrower continues to be treated as an overseas-based borrower for all other purposes (for example, interest continues to be calculated in accordance with the borrower's overseas-based status) until the borrower becomes New Zealand-based.
The Commissioner may review a reassessment of a borrower's overseas-based repayment obligation made under this section if—
- the borrower does not become New Zealand-based; or
- the borrower becomes New Zealand-based from a date that is different from the expected date notified to the Commissioner under subsection (1)(c).
Notes
- Section 115A: inserted, on , by section 20 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).