Plain language law

New Zealand law explained for everyone

Tax Administration Act 1994

Assessments

98B: Assessment of retirement scheme contribution withholding tax

You could also call this:

"How much tax you owe on retirement scheme contributions"

Illustration for Tax Administration Act 1994

The Commissioner can assess the amount of retirement scheme contribution tax you owe. You are liable to pay this tax unless you can prove it is excessive. You can challenge this assessment like you would challenge an income tax assessment under section BB 1 of the Income Tax Act 2007. The Commissioner's assessment of your tax will include the amount of retirement scheme contribution tax you owe. You can dispute this assessment and section RH 2 of the Income Tax Act 2007 applies to this tax. Certain rules apply to this assessment, including rules about who is considered a taxpayer. If you are charged with retirement scheme contribution tax, you may be able to challenge it. You can do this in the same way you would challenge an income tax assessment. The rules for challenging an assessment are in Part 8A of the Tax Administration Act 1994.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1189183.

Topics:
Money and consumer rights > Savings and retirementMoney and consumer rights > Taxes
Previous

98: Assessment of ESCT, or

"When the government checks how much tax you owe on superannuation contributions"

Next

99: Assessment of RWT, or

"When the Commissioner decides how much RWT you have to pay"

Part 6Assessments

98BAssessment of retirement scheme contribution withholding tax

  1. The Commissioner may, for any person who is chargeable with RSCT under section RH 2 of the Income Tax Act 2007, make an assessment of the amount of the retirement scheme contribution on which, in the Commissioner's judgment, RSCT ought to be imposed and an assessment of that tax.

  2. The person is liable to pay the tax so assessed except to the extent that the person establishes in proceedings challenging the assessment that the assessment is excessive or that the person is not chargeable with the tax assessed.

  3. Sections 109, 111, and 113 shall apply, so far as may be, with respect to an assessment made under subsection (1) of this section as if—

  4. in sections 111 and 113, the term taxpayer included a person who is chargeable with RSCT; and
    1. in section 113, the term tax already assessed included RSCT already assessed under subsection (1) of this section.

      1. An assessment made under this section shall be subject to challenge in the same manner as an assessment of income tax imposed under section BB 1 of the Income Tax Act 2007, and Part 8A of this Act shall apply accordingly.

      Notes
      • Section 98B: inserted (with effect on 1 April 2007), on , by section 231(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
      • Section 98B(1): replaced, on , by section 231(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
      • Section 98B(3)(a): replaced, on , by section 231(3) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
      • Section 98B(3)(a): amended (with effect on 1 April 2007), on , by section 165 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
      • Section 98B(3)(b): replaced, on , by section 231(3) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
      • Section 98B(4): amended, on , by section 231(4) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).