Part 3Information, record-keeping, and returns
Returns: Returns and return dates
44ASpecial returns by taxpayers affected by reduced deductions under Income Tax Act 2007
A taxpayer who has made a return of income for a tax year must file a special return for that tax year in the form required by the Commissioner if the taxpayer's taxable income or net loss for the tax year is affected by—
- a reduction under section DT 2(3) of the taxpayer's deduction under section DT 2(2) of the Income Tax Act 2007; or
- a reduction under section DS 3 of the taxpayer's deduction under section DS 1 or DS 2 of the Income Tax Act 2007; or
- a reduction under section DT 2(3) of another taxpayer's deduction under section DT 2(2) of the Income Tax Act 2007; or
- a reduction under section DS 3 of another taxpayer's deduction under section DS 1 or DS 2 of the Income Tax Act 2007.
A taxpayer who has derived consideration that gives rise to a reduction under section DT 2(3) or DS 3 of the Income Tax Act 2007 and any other taxpayer affected by that reduction must file a special return—
- for the tax year in which the consideration is derived; and
- by the date that the taxpayer's return of income for that tax year would be due.
Notes
- Section 44A: inserted, on (applying on and after 17 November 1998), by section 67(1) of the Taxation (Accrual Rules and Other Remedial Matters) Act 1999 (1999 No 59).
- Section 44A heading: 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 44A(1): 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 44A(1): amended, on (applying on and after 17 November 1998), by section 36(1) of the Taxation (FBT, SSCWT and Remedial Matters) Act 2000 (2000 No 34).
- Section 44A(1)(a): 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 44A(1)(a): 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 44A(1)(b): 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 44A(1)(b): 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 44A(1)(c): 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 44A(1)(c): 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 44A(1)(d): 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 44A(1)(d): 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 44A(2): 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 44A(2): 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 44A(2)(a): 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 44A(2)(b): 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).


