Part 6Assessments
106Assessment where default made in furnishing returns
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.
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.
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.
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Repealed If a person who is required to provide a GST tax return for a GST return period does not provide a GST tax return for the return period, or provides a GST tax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.
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.
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).


