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Tax Administration Act 1994

Recoveries - General

165A: Recovery of excess tax credits allowed

You could also call this:

"Getting back extra tax credits you weren't supposed to have"

Illustration for Tax Administration Act 1994

If you get too much tax credit, the Commissioner can take it back. They do this like they would with income tax that you owe, as said in the Income Tax Act 2007. This rule has some exceptions, which are in sections LA 3 to LA 5, LJ 7, and LK 4 of the Income Tax Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM357441.

Topics:
Money and consumer rights > Taxes
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165AA: Recovery of tax paid by superannuation fund, or

"Getting back tax paid by a superannuation fund"

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165B: Recovery of overpaid refunds: NRWT, or

"Paying back tax refunds you shouldn't have got"

Part 10Recoveries
General

165ARecovery of excess tax credits allowed

  1. If the Commissioner is satisfied that a credit of tax allowed or credited to a person under a tax law exceeded the amount properly allowable or able to be credited to the person under that tax law, the Commissioner may recover the amount of the excess from the person in the same manner, with any necessary modifications, as if the excess were income tax payable under the Income Tax Act 2007.

  2. Subsection (1) is subject to sections LA 3 to LA 5, LJ 7, and LK 4 of the Income Tax Act 2007.

Notes
  • Section 165A: replaced, on (applying for 2002–03 and subsequent income years), by section 141(1) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
  • Section 165A(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 165A(2): 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).