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Tax Administration Act 1994

Remission, relief, and refunds

177CA: Proof of debt

You could also call this:

"What to do about tax debt when you're bankrupt"

Illustration for Tax Administration Act 1994

You have an instalment arrangement with the Commissioner to pay your tax debt. You are bankrupt or your company is being liquidated. The amount you still owe must be included in the proof of debt. You need to know that this rule applies to you if you have an instalment arrangement and you are bankrupt or your company is being liquidated. The Commissioner will include the amount you owe in the proof of debt. This is part of the Tax Administration Act 1994, which was amended by the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358361.

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"When you can't pay tax, the Commissioner can write it off"

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Part 11Remission, relief, and refunds

177CAProof of debt

  1. This section applies if—

  2. a taxpayer has entered into an instalment arrangement with the Commissioner; and
    1. the taxpayer is a person who has become bankrupt, or a company which is in the course of being liquidated.

      1. Any amount outstanding under the instalment arrangement must be included in the department's proof of debt.

      Notes
      • Section 177CA: inserted, on , by section 92(1) of the Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 (2002 No 32).