Tax Administration Act 1994

Information, record-keeping, and returns - Reporting of income information by individuals

22J: Commissioner’s power in relation to certain amounts of tax payable

You could also call this:

"The Commissioner can cancel some tax you owe if you meet certain rules."

Illustration for Tax Administration Act 1994

The Commissioner can write off some tax you owe if you meet the requirements in schedule 8, part B. The Commissioner can reverse this decision if it is found that you do not meet these requirements or if you stop being a qualifying individual during the tax year. You can find more information about publication requirements in Part 3 of the Legislation Act 2019.

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22I: Returns and assessments, or

"Doing your taxes: sending in your income and getting it checked"


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22K: No obligation to provide information: de minimis and certain other amounts, or

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Part 3Information, record-keeping, and returns
Reporting of income information by individuals

22JCommissioner’s power in relation to certain amounts of tax payable

  1. For the purposes of this subpart, the Commissioner may write off an amount of tax payable by a qualifying individual for a tax year if the requirements of schedule 8, part B are met.

  2. The Commissioner may reverse a write off made under this section if, for the tax year and the individual,—

  3. it is established through a reassessment that the requirements of schedule 8, part B are not met:
    1. during the tax year, the individual ceases to be a qualifying individual.
      1. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend schedule 8 by—

      2. adding an item of information to, or omitting an item of information from, part A, table 1 or table 2:
        1. adding an amount of tax to, or omitting an amount of tax from, part B, clause 1:
          1. adding a type of income to, or omitting a type of income from, part B, clause 2.
            1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            2. Before the Minister makes a recommendation under subsection (3), a consultative process must be undertaken that includes the distribution of the proposed amendments to schedule 8 to persons or representatives of persons that it is considered reasonable to consult for the purposes of this section.

            3. Flowchart 2 Process for writing off amounts of tax to pay

            Notes
            • Section 22J: inserted, on , by section 16(1) (and see section 16(2) for application) of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).
            • Section 22J(3B): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).