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Tax Administration Act 1994

Assessments

108AC: Time bar for amending assessment of student loan deductions

You could also call this:

"Time limit for changing student loan deduction decisions"

Illustration for Tax Administration Act 1994

The Commissioner can't change an assessment if you give them employment income information that includes student loan deductions, as required by the Student Loan Scheme Act 2011, and 4 years have passed since you provided that information. You are treated as having made an assessment of the student loan deductions when you provide this information. The Commissioner will not be able to change this assessment after 4 years. If the Commissioner thinks you gave them false or misleading employment income information, they can change the assessment at any time. They can also change the assessment if not doing so would have a significant adverse effect on you, as defined in section 4(1) of the Student Loan Scheme Act 2011. This rule is affected by section 64 of the Student Loan Scheme Act 2011, but it overrides other rules that might limit the Commissioner's ability to change assessments.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS835657.

Topics:
Money and consumer rights > TaxesEducation and learning > Higher education
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108B: Extension of time bars, or

"Delaying time limits for tax assessments"

Part 6Assessments

108ACTime bar for amending assessment of student loan deductions

  1. The Commissioner may not amend an assessment when—

  2. a taxpayer provides employment income information that includes an amount of salary or wage deductions required to be made under the Student Loan Scheme Act 2011 which, for the purposes of this section, is treated as the making of an assessment of the amount by the taxpayer; and
    1. 4 years have passed from the date on which the taxpayer provided the employment income information.

      1. However, the Commissioner may amend the assessment at any time if the Commissioner is of the opinion that either or both of the following apply:

      2. employment income information provided by a taxpayer is fraudulent or wilfully misleading:
        1. there would be a significant adverse effect on a borrower, as defined in section 4(1) of the Student Loan Scheme Act 2011, if the assessment is not amended.

          1. This section is subject to section 64 of the Student Loan Scheme Act 2011, but overrides every other provision of this Act, and any other rule or law, that limits the Commissioner’s right to amend assessments.

          Notes
          • Section 108AC: inserted, on , by section 192 of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).