Tax Administration Act 1994

Information, record-keeping, and returns - Returns - Returns and return dates

43: Income tax returns and assessments by executors or administrators

You could also call this:

"Doing tax returns for someone who has passed away"

Illustration for Tax Administration Act 1994

You need to do the same tax returns for a deceased person that they would have done if they were alive. The Commissioner can ask you to do more tax returns for the deceased person if they need them. You are responsible for the tax owed by the deceased person, and it is treated as a debt they incurred while they were alive.

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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=DLM351336.


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"Tax returns for people who are bankrupt and earn an income"


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"Some companies don't have to file tax returns if they're not doing business."

Part 3Information, record-keeping, and returns
Returns: Returns and return dates

43Income tax returns and assessments by executors or administrators

  1. The executor or administrator of a deceased taxpayer must furnish the same returns of income and make the same assessments that the taxpayer was required to furnish or make, or would have been required to furnish or make, if the taxpayer had remained alive.

  2. The Commissioner may from time to time require the executor or administrator to furnish such further returns of income for the deceased taxpayer as the Commissioner considers necessary.

  3. Income tax assessed in respect of a deceased taxpayer, whether or not under subsection (1), is to be treated as a liability incurred by the deceased taxpayer during their lifetime, and the executor or administrator of the taxpayer is liable for the same accordingly.

  4. Repealed
  5. Repealed
Notes
  • Section 43: replaced, on (applying to 2002–03 and subsequent income years), by section 196(1) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
  • Section 43(4): repealed, on , by section 41(1) (and see section 41(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
  • Section 43(5): repealed, on , by section 41(1) (and see section 41(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).