Tax Administration Act 1994

Assessments

106: Assessment where default made in furnishing returns

You could also call this:

"What happens if you don't give the Commissioner the right tax information?"

Illustration for Tax Administration Act 1994

If you do not give the Commissioner the information they need, or if they are not happy with the information you give, they can make a decision about how much tax you owe. You will have to pay the tax they decide, unless you can show that their decision is wrong. The Commissioner can also make a decision if they think you have not given them correct information about your tax. If the Commissioner thinks the information in your final account for a tax year is not correct, they can make a decision about how much tax you owe. You will have to pay the tax they decide, unless you dispute it and follow the rules in section 89D. The Commissioner can make a decision about your GST tax return if you do not give them one, or if they are not happy with the one you give. You can dispute the Commissioner's decision, and you will not have to pay the tax if you can show that their decision is wrong. The Commissioner's decision is still valid even if it is made automatically by a computer. You will have to pay the GST the Commissioner decides, unless you can show that their decision is wrong.

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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=DLM354673.


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105: Assessments and determinations made by electronic means, or

"Computers can make tax decisions on behalf of the Commissioner."


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107: Amended assessment for income tax where return date between 31 March and 1 October, or

"Changing the tax year for some income"

Part 6Assessments

106Assessment where default made in furnishing returns

  1. If any person makes default in furnishing any return, or if the Commissioner is not satisfied with the return made by any person, or if the Commissioner has reason to suppose that any person, although the person has not made a return, is a taxpayer, the Commissioner may make an assessment of the amount on which in the Commissioner's judgment tax ought to be imposed and of the amount of that tax, and that person shall be liable to pay the tax so assessed, save so far as the person establishes on objection or in proceedings challenging the assessment that the assessment is excessive or that the person is not chargeable with tax.

  2. If the Commissioner considers that the information provided in an individual’s final account for a tax year is not likely to be correct, the Commissioner may make an assessment of the amount on which the Commissioner considers tax ought to be imposed and of the amount of that tax.

  3. Tax assessed under subsection (1A) in relation to an individual is payable by the individual unless the individual disputes the assessment and complies with the requirements of section 89D.

  4. Repealed
  5. If a person who is required to provide a GST tax return for a GST return period does not provide a GST tax return for the return period, or provides a GST tax return with which the Commissioner is not satisfied, the Commissioner may make an assessment of the GST payable by the person for the return period.

  6. A person who is assessed under subsection (1D) is liable to pay the GST assessed unless the person establishes in proceedings challenging the assessment that the assessment is excessive, or that the person is not chargeable with GST.

  7. An assessment made under this section shall not be invalidated by virtue of the fact that it is made automatically by a computer or other electronic means in response to or as a result of information entered or held in the computer or other electronic medium.

Compare
  • 1976 No 65 s 21
Notes
  • Section 106(1): amended, on , by section 28 of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
  • Section 106(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 106(1A): replaced, on , by section 71(1) (and see section 71(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
  • Section 106(1B): replaced, on , by section 71(1) (and see section 71(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
  • Section 106(1C): repealed, on , by section 215 of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
  • Section 106(1D): inserted, on (applying for GST return periods beginning on or after 1 April 2005), by section 114(1) Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).
  • Section 106(1E): inserted, on (applying for GST return periods beginning on or after 1 April 2005), by section 114(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).