Tax Administration Act 1994

Credits of tax - Applying for payment by instalment

80KD: What Commissioner must do on receipt of application

You could also call this:

"What happens when you ask to pay tax in parts"

Illustration for Tax Administration Act 1994

When you apply to pay tax by instalment, the Commissioner gets your application. The Commissioner must work out how much tax credit you can get. They do this under the family scheme. The Commissioner must calculate the tax credit amount using section MF 3. They give you a notice of entitlement that says how much tax credit you get. This notice also says how much of the tax credit comes from different types of credits. The Commissioner keeps a copy of every notice of entitlement they give you.

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80KE: Notices of entitlement, or

"What you need to know about notices of entitlement"

Part 3BCredits of tax
Applying for payment by instalment

80KDWhat Commissioner must do on receipt of application

  1. This section applies when the Commissioner receives an application that complies with section 80KB.

  2. The Commissioner must do the following:

  3. determine under the family scheme, the estimated amount of tax credit to which the person would be entitled for the selected period; and
    1. calculate under section MF 3 of that Act the amount that, if the Commissioner gave a person a notice of entitlement for the whole selected period, would be the interim instalment of the tax credit that would be set out in the notice; and
      1. for all or some of the selected period, give the person a notice (the notice of entitlement) setting out—
        1. the amount of the instalment of the tax credit to which the person is entitled; and
          1. the amount after abatement contributed by the family tax credit to the instalment; and
            1. the amount of credit after abatement contributed by the in-work tax credit to the instalment; and
              1. the amount after abatement contributed by the child tax credit to the instalment; and
                1. the amount after abatement contributed by the parental tax credit to the instalment; and
                  1. the amount contributed by the minimum family tax credit to the instalment.
                  2. The Commissioner must keep a copy of every notice of entitlement that is given under this section.

                  Compare
                  Notes
                  • Section 80KD: inserted, on (effective for 2008–09 income year and later income years, unless the context requires otherwise), by section ZA 2 of the Income Tax Act 2007 (2007 No 97).
                  • Section 80KD(2)(a): amended, on , by section 30 of the Families Package (Income Tax and Benefits) Act 2017 (2017 No 51).
                  • Section 80KD(2)(c)(ii): amended, on , by section 211(a) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
                  • Section 80KD(2)(c)(iii): amended, on , by section 211(b) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
                  • Section 80KD(2)(c)(vi): amended, on , by section 211(c) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).