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Tax Administration Act 1994

Assessments

92: Taxpayer assessment of income tax

You could also call this:

"Working out your own income tax when you file a tax return"

Illustration for Tax Administration Act 1994

You must assess your income tax if you need to file a tax return. You do this by working out your taxable income and how much tax you owe. You also work out if you are due a refund or need to pay more tax. You make this assessment when you file your tax return. The assessment is considered made on the day your return is received. If you are an individual and certain rules apply to you, your assessment is treated differently. This rule does not apply if the Commissioner has already assessed your tax. It also does not apply for the tax year the Commissioner's assessment is for. If you are part of a consolidated group, the nominated company assesses the tax, not you. However, if you are not part of the group for the whole tax year, you may need to make a separate assessment for the part of the year you were not in 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=DLM354189.

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Part 6Assessments

92Taxpayer assessment of income tax

  1. A taxpayer who is required to furnish a return of income for a tax year must make an assessment of the taxpayer's taxable income and income tax liability and, if applicable for the tax year, the net loss, terminal tax or refund due.

  2. An assessment under this section is made on the date on which the taxpayer's return of income is received at an office of the department.

  3. For the purposes of subsections (1) and (2), an assessment of a taxpayer who is an individual to whom Part 3, subpart 3B applies is treated as made under section 22I(1)(b) on the relevant date set out in section 22I(2).

  4. Repealed

  5. Repealed

  6. Repealed

  7. This section does not apply to a taxpayer—

  8. in respect of whom the Commissioner has made an assessment; and
    1. for the tax year to which the assessment relates.

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

      Notes
      • Section 92: replaced, on (applying to 2002–03 and subsequent income years), by section 208(1) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
      • Section 92 heading: replaced, on (applying for 2004–05 and subsequent income years), by section 112(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
      • Section 92(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 92(2): replaced, on (applying for 2004–05 and subsequent income years), by section 112(2) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
      • Section 92(2B): inserted, on , by section 70(1) (and see section 70(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
      • Section 92(3): repealed, on (applying for 2004–05 and subsequent income years), by section 112(3) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
      • Section 92(4): repealed, on (applying for 2005–06 and later tax years), by section 142(1) of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).
      • Section 92(5): repealed, on (applying for the 2016–17 tax year, or earlier tax year given by Order in Council, and later tax years), by section 197(1) of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
      • Section 92(6)(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 92(7): 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).