41AReturns in relation to charitable or other public benefit gifts

1. A person who has a tax credit under sections LD 1 to LD 3 of the Income Tax Act 2007 may apply for a refund by—

2. providing the information on the total amount of the charitable or other public benefit gifts they have made for a tax year with the information provided under Part 3, subpart 3B:
3. notifying the Commissioner by electronic means in relation to an amount of charitable or other public benefit gift that they have made during the tax year to which the application relates:
4. completing the form prescribed by the Commissioner.

5. The total amount refunded, including a refund made on an application under subsection (7), must be no more than the annual amount of the tax credits.

6. The sum of the charitable or other public benefit gifts under sections LD 1 to LD 3 of that Act made by a person must be no more than their taxable income in the tax year in which the gift is made.

7. If subsection (3) applies, the Commissioner must reduce the total amount of charitable or other public benefit gifts so that the total is no more than the person’s taxable income in the tax year in which the gift is made.

8. An application under subsection (1) must be made in the manner required by the Commissioner, and be accompanied by any information the Commissioner requires, including—

10. the amount of a charitable or other public benefit gift to which sections LD 1 to LD 3 of that Act apply.

11. A taxpayer may apply for a refund for the tax year in which the gift is made in the 4-year period beginning with—

12. the 1 April following the end of the taxpayer's income year corresponding to the tax year, if the taxpayer has a standard balance date or an earlier balance date; or
13. the day after the end of the taxpayer's income year corresponding to the tax year, if the taxpayer has a late balance date.

14. For the purposes of section 108(1),—

15. the payment of a refund under this section is treated as an assessment; and
16. the 4-year period starts at the end of the tax year in which the person applies for the refund.

17. Despite subsection (6), the Commissioner may, in special circumstances, accept an application for a refund before the end of the tax year to which the application relates.

18. For the purpose of subsection (7), special circumstances include—

19. the person leaving New Zealand, permanently or for a significant length of time:
20. a trustee of a deceased person’s estate wishing to wind up the estate.

21. Despite subsection (1), the Commissioner must not refund the amount of a tax credit unless the requirements of subsections (2) and (3) are met.

22. When the Commissioner has considered an application, the Commissioner must notify the person of the amount of the tax credit under sections LD 1 to LD 3 of that Act and of the amount of refund allowed.

23. A tax credit may not be refunded to an absentee, a company, a public authority, a Maori authority, an unincorporated body, or a trustee liable for income tax under sections HC 16, HC 32, or HZ 2 of that Act.

24. A refund under subsection (1) must be paid as if it were tax paid in excess.

25. A refund under subsection (1), to the extent to which it is more than the correct amount of refund, is recoverable as an excess tax credit under section 142D.

26. The Commissioner must publish, from time to time, in a publication chosen by the Commissioner, a list of the names of entities that—

27. have provided the information required under subsection (16):
28. the Commissioner considers appropriate to include on the list (for example, an entity registered under the Charities Act 2005).

29. Despite subsection (14), the name of an entity must not be published on the list if the Commissioner determines that the entity is not described in section LD 3(2)(a), (ab), (b), (c), or (d) of the Income Tax Act 2007.

30. An entity may request that their name is included on the list by providing information to the Commissioner in the form prescribed by the Commissioner.