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Tax Administration Act 1994

Information, record-keeping, and returns - Returns - Returns, etc

33: Returns of income

You could also call this:

"Sending in your income details to the tax office each year"

Illustration for Tax Administration Act 1994

You must file a return of income each tax year. You do this in a form with details the Commissioner prescribes. The Commissioner is in charge of taxes. You may need to give extra information if you get a taxable Maori authority distribution. This is for trusts, societies, or institutions that section CW 41 or CW 42 of the Income Tax Act 2007 applies to. Some entities must provide returns under section 57B. You are treated as having made a return of income if you provide information under Part 3, subpart 3B. Your return must include a notice of assessment under section 92. But this does not apply if you are a trust, society, or institution that section CW 41 or CW 42 of the Income Tax Act 2007 applies to. A company in a consolidated group is treated as a taxpayer. The company cannot provide a separate return for a tax year if it is part of the group.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM351027.

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Part 3Information, record-keeping, and returns
Returns: Returns, etc

33Returns of income

  1. In each tax year, a person must file a return of income for a tax year in the form and with the particulars prescribed by the Commissioner.

  2. In an income year, a trust, society or institution to which section CW 41 or CW 42 of the Income Tax Act 2007 applies, may furnish to the Commissioner a return of income in the prescribed form for the preceding tax year, together with such other particulars as may be prescribed if the trust, society or institution receives a taxable Maori authority distribution.

  3. A multi-rate PIE or a proxy for an investor in the entity that calculates income tax using the exit calculation or quarterly calculation options under sections HM 42 and HM 43 of that Act must provide returns for which the entity is responsible under section 57B.

  4. An individual must provide information to the Commissioner on their assessable income for a tax year under Part 3, subpart 3B. The individual is treated as having made a return of income in their final account for the tax year under section 22I(1).

  5. A return must contain a notice of the assessment required to be made under section 92.

  6. Subsection (2) does not apply if subsection (1B) applies.

  7. The nominated company for a consolidated group is treated as a taxpayer for the purposes of this section. A company that is a member of a consolidated group in a tax year must not provide a separate return for a tax year, but this restriction applies only to a tax year, or a part of a tax year, in which the company is part of the group.

Notes
  • Section 33: replaced, on (applying to 2002–03 and subsequent income years), by section 192(1) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
  • Section 33 heading: amended (with effect on 1 October 2007), on , by section 196(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
  • Section 33 heading: amended, on (applying for 2004–05 and subsequent income years), by section 89(1) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
  • Section 33(1): replaced, on , by section 31(1) (and see section 31(3) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
  • Section 33(1B): inserted, on (applying for 2004–05 and subsequent income years), by section 89(2) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
  • Section 33(1B): amended, 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 33(1B): amended, on (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
  • Section 33(1C): replaced, on (applying for 2010–11 and later income years), by section 618(2) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
  • Section 33(1D): inserted, on , by section 31(2) (and see section 31(3) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
  • Section 33(3): inserted, on (applying for 2004–05 and subsequent income years), by section 89(3) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
  • Section 33(4): 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).