Plain language law

New Zealand law explained for everyone

Tax Administration Act 1994

Assessments

93: Assessment of FBT

You could also call this:

"How the government works out how much Fringe Benefit Tax you owe"

Illustration for Tax Administration Act 1994

The Commissioner can decide how much Fringe Benefit Tax (FBT) you owe for a quarter or income year. You have to pay the FBT the Commissioner decides, unless you can prove it is too much or you do not owe FBT. The Commissioner uses certain rules to make this decision, like the rules in sections 109, 111, and 113. You can challenge the Commissioner's decision about your FBT in the same way you can challenge an income tax decision, using rules like those in section BB 1 of the Income Tax Act 2007 and Part 8A of this Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM354434.

Topics:
Money and consumer rights > Taxes
Previous

92B: Taxpayer assessment of GST, or

"Working out how much GST you owe"

Next

93B: Trustee income: Commissioner’s power to assess, or

"When the Commissioner decides how much tax a trust owes"

Part 6Assessments

93Assessment of FBT

  1. The Commissioner may, in respect of any person who is chargeable with FBT in respect of any quarter or any income year, make an assessment of the amount of FBT which, in the Commissioner's judgment, ought to be imposed, and that person shall be liable to pay the FBT so assessed, except so far as the person establishes in proceedings challenging the assessment that the assessment is excessive or that the person is not chargeable with FBT.

  2. Sections 109, 111, and 113 shall apply, so far as may be, with respect to every assessment made under this section as if—

  3. the term tax already assessed in section 113 included FBT already assessed under this section; and
    1. the term taxpayer in sections 111 and 113 included a person who is chargeable with FBT.

      1. An assessment made under this section shall be subject to challenge in the same manner as an assessment of income tax imposed under section BB 1 of the Income Tax Act 2007, and Part 8A of this Act shall apply accordingly.

      Compare
      • 1976 No 65 s 336V
      Notes
      • Section 93 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 93(1): 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 93(1): amended (with effect on 1 April 2005), on (applying for income years corresponding to 2005–06 and subsequent tax years), by section 240(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).
      • Section 93(1): amended, on , by section 15(1) of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
      • Section 93(1): amended, on (applying to 1997–98 and subsequent income years), by section 483(3) of the Taxation (Core Provisions) Act 1996 (1996 No 67).
      • Section 93(2)(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 93(2)(b): amended (with effect on 1 October 1996), on , by section 159 of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
      • Section 93(2)(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 93(3): 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 93(3): amended, on , by section 15(2)(a) of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
      • Section 93(3): amended, on , by section 15(2)(b) of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
      • Section 93(3): amended, on (applying to 1997–98 and subsequent income years), by section 483(3) of the Taxation (Core Provisions) Act 1996 (1996 No 67).