Tax Administration Act 1994

Penalties - Civil penalties

141EA: Shortfall penalty and provisional tax

You could also call this:

"Paying the right amount of provisional tax on time to avoid a penalty"

Illustration for Tax Administration Act 1994

You pay provisional tax in instalments. If you use a GST ratio to work out how much to pay, you might not have to pay a shortfall penalty. This happens if you pay the right amount on time, but still underpay your annual tax. It also happens if you pay the right amount on time, but your GST ratio changes later due to a reassessment of your residual income tax.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM356476.


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"Paying a penalty for not paying tax or helping someone cheat the tax system"


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Part 9Penalties
Civil penalties

141EAShortfall penalty and provisional tax

  1. Despite sections 141A to 141E, a provisional taxpayer who uses a GST ratio in a tax year to determine the amount of an instalment of provisional tax payable for the tax year is not liable to pay a shortfall penalty in the following circumstances:

  2. the taxpayer pays by the instalment date the amount, determined using the GST ratio, of the instalment but underpays their annual liability:
    1. the taxpayer pays by the instalment date the amount, determined using the GST ratio, of the instalment but the GST ratio is changed after the instalment date by a reassessment of their residual income tax.
      Notes
      • Section 141EA: inserted, on (applying for income years corresponding to 2008–09 and subsequent tax years), by section 251(1) of the Taxation (Depreciation, Payment Dates Alignment, FBT, and Miscellaneous Provisions) Act 2006 (2006 No 3).