108ABTime bar for amending assessment of KiwiSaver contributions

1. The Commissioner may not amend an assessment so as to increase an amount assessed when—

2. a taxpayer provides employment income information that includes—
   1. an amount required to be deducted under Part 3, subpart 1 of the KiwiSaver Act 2006 which, for the purposes of this section, is treated as the making of an assessment of the amount by the taxpayer:
   2. an amount of KiwiSaver Act 2006 employer contributions payable which, for the purposes of this section, is treated as the making of an assessment of the amount by the taxpayer; and
3. 4 years have passed from the date on which the taxpayer provided the employment income information.

4. However, if the Commissioner is of the opinion that employment income information provided by a taxpayer is fraudulent or wilfully misleading, the Commissioner may amend the assessment at any time so as to increase its amount.

5. This section overrides every other provision of this Act, and any other rule or law, that limits the Commissioner’s right to amend assessments.