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Tax Administration Act 1994

Assessments

113E: Amended assessments: research and development tax credits

You could also call this:

"Changing Research and Development Tax Credits"

Illustration for Tax Administration Act 1994

You can only issue one notice to change an increase in your research and development tax credit for a tax year before a certain time. This time is either one year after you should have given your income tax return, or four months after you actually gave it. You can also make one request under section 113 to change an increase in your research and development tax credit within one year after you should have given your income tax return. You must not make a request under section 113 unless you have filed a research and development supplementary return under section 33E for that year. You need to follow these rules when dealing with research and development tax credits for a tax year.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS200829.

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113D: Amended assessments for research and development tax credits, or

"Changing tax credits for research and development"

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113F: Amended assessments: election under section HC 33 to satisfy trustee liability, or

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Part 6Assessments

113EAmended assessments: research and development tax credits

  1. A person may only—

  2. issue 1 notice of proposed adjustment in relation to an increase in the amount of a person’s research and development tax credit for a tax year before the earlier of—
    1. 1 year after the due date to provide their return of income for the tax year:
      1. 4 months after they provide their return of income for the tax year; or
      2. make 1 request under section 113 in relation to an increase in the amount of a person’s research and development tax credit for a tax year within 1 year after the due date to provide a return of income for the tax year.

        1. A person must not make a request under section 113 in relation to research and development tax credits for a tax year unless they have filed a research and development supplementary return under section 33E for the year.

        Notes
        • Section 113E: inserted, on , by section 34 (and see section 3 for application) of the Taxation (Research and Development Tax Credits) Act 2019 (2019 No 15).
        • Section 113E(1)(a): replaced (with effect on 1 April 2019), on , by section 218(1) (and see section 218(2) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).