Tax Administration Act 1994

Assessments

113A: Correction of certain errors in subsequent returns

You could also call this:

"Fixing small mistakes in your tax returns"

Illustration for Tax Administration Act 1994

You can correct some errors in your tax returns. This applies when you have made a tax return that results in you owing tax, and there are errors that cause a tax discrepancy. You can correct the errors in your next tax return if the total tax discrepancy is $1,000 or less, or if the error is not material.

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"The Commissioner can change your tax assessment at any time to make it correct."


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113B: Amended assessments if dividend recovered or repaid, or

"Changing tax if a company gets back a dividend payment"

Part 6Assessments

113ACorrection of certain errors in subsequent returns

  1. This section applies for the purposes of this Act and the Goods and Services Tax Act 1985 when—

  2. a person—
    1. has made an assessment of income tax or goods and services tax in a return that results in a tax liability for the person; or
      1. has provided a return that results in a liability for fringe benefit tax for the person; and
      2. 1 or more errors in the assessment or return, as applicable, cause a tax discrepancy in the amount of the liability.
        1. This section does not apply in relation to an assessment or return for an ancillary tax other than fringe benefit tax as described in subsection (1)(a)(ii).

        2. If the total tax discrepancy amounts to $1,000 or less, the person may make a correction in the next return that is due after the discovery of the error or errors.

        3. If the total tax discrepancy is caused by an error or errors that, for the person, is not a material error or are not material errors, the person may make a correction in the next return that is due after the discovery of the error or errors.

        4. For the purposes of subsection (3B) and in relation to a single return of a person, an error is not material if the amount of the total tax discrepancy caused by the error or errors in the assessment or return, as applicable, is equal to or less than the lower of—

        5. $10,000; and
          1. 2% of the person’s—
            1. output tax, in the case of an assessment of goods and services tax; or
              1. annual gross income, in any other case.
              2. Subsections (3) and (3B) do not apply to a person who applies the materiality threshold in subsection (4) in relation to an assessment of their liability for income tax or goods and services tax, or return for fringe benefit tax, if their main purpose in applying the threshold is to delay the payment of tax.

              Notes
              • Section 113A: replaced, on , by section 76 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
              • Section 113A(1): replaced, on , by section 217(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(2): replaced, on , by section 217(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(3): replaced, on , by section 217(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(3B): inserted, on , by section 217(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(4): amended (with effect on 23 March 2020), on , by section 205(a) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
              • Section 113A(4): amended, on , by section 217(2)(a) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(4): amended, on , by section 217(2)(b) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(4)(a): replaced, on , by section 217(2)(c) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(4)(b): replaced (with effect on 23 March 2020), on , by section 205(b) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
              • Section 113A(5): amended, on , by section 217(3)(a) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
              • Section 113A(5): amended, on , by section 217(3)(b) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).