Tax Administration Act 1994

Assessments

92A: Basic rates of income tax

You could also call this:

"How much income tax you pay at the basic rate"

Illustration for Tax Administration Act 1994

The Commissioner can assess your income tax at the basic rates for a tax year. This can happen before or after the annual taxing Act for that year is passed. You do not have to worry that the assessment is invalid just because it is made before the annual taxing Act is passed. You will pay the basic rates of income tax unless the annual rates are higher or lower. If the annual rates are different, the amount of income tax you pay will be increased or reduced accordingly. The Commissioner's assessment of your income tax will have the same effect as if the increased or reduced amount had been specified in the assessment.

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Part 6Assessments

92ABasic rates of income tax

  1. The Commissioner may for a tax year (whether before or after the passing of the annual taxing Act for that year) assess the income tax of any taxpayer at the basic rates. No such assessment shall be deemed to be invalid on the ground that it is made before the passing of the annual taxing Act.

  2. If the annual rates for any tax year are higher or lower than the basic rates, the amount of every assessment of income tax made under this section in respect of that year shall be deemed to be increased or reduced accordingly, and every such assessment shall have the same effect as if the amount as so increased or reduced had been specified in the assessment.

Notes
  • Section 92A: inserted, on (applying to 1997–98 and subsequent income years), by section 452 of the Taxation (Core Provisions) Act 1996 (1996 No 67).
  • Section 92A(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 92A(1): amended, on (applying to 2002–03 and subsequent income years), by section 210(1) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 (2001 No 85).
  • Section 92A(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).