Tax Administration Act 1994

Penalties - Civil penalties

142B: Due date for shortfall penalties

You could also call this:

"When you must pay a penalty for not paying tax on time"

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You have to pay a shortfall penalty by a certain date. If you have unpaid tax, the Commissioner will tell you when the penalty is due. This date is usually at least 30 days after you get a notice of assessment for the penalty. You pay the penalty on the due date for the unpaid tax if a new due date is set under section 142A(2) or section 142A(5). The Commissioner will tell you the due date in other cases. An electronic sales suppression penalty under section 141EE is due on the same date as the unpaid 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=DLM356668.


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Part 9Penalties
Civil penalties

142BDue date for shortfall penalties

  1. A shortfall penalty is due and payable—

  2. if the tax shortfall is an amount of unpaid tax—
    1. for which no new due date is set, on such date as the Commissioner notifies the taxpayer to be the due date for payment of the penalty (which date shall be not less than 30 days after the date on which the Commissioner issues the taxpayer with a notice of assessment for the penalty); or
      1. which has a new due date set under section 142A(2), on the due date for the payment of the unpaid tax; or
        1. which has a new due date set under section 142A(5), on the collection date, described in section 142A(6), for the unpaid tax:
        2. in all other cases, on the date the Commissioner notifies the taxpayer to be the due date for payment of the penalty.
          1. Repealed
          2. A shortfall penalty that is an electronic sales suppression penalty under section 141EE is due and payable on the relevant date set out in subsection (1)(a), treating the electronic sales suppression penalty as if it were an amount of unpaid tax.

          Notes
          • Section 142B: inserted, on , by section 43 of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
          • Section 142B(1)(a)(ii): replaced (with effect on 5 February 2017), on , by section 124 of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).
          • Section 142B(1)(a)(iii): inserted (with effect on 5 February 2017), on , by section 124 of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).
          • Section 142B(2): repealed, on , by section 200 of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
          • Section 142B(3): inserted, on , by section 218 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).