Social Security Act 2018

Administration - Payment of benefits, tax on benefits, debts and deductions - Tax on benefits

349: Interpretation

You could also call this:

“What important words mean in the law about tax on benefits”

This part of the law explains some important words used in sections about tax on benefits. Here’s what they mean:

A “main benefit” is a type of payment from the government. It can be one of two things:

  1. A main benefit as described in the Income Tax Act 2007.
  2. An income-tested benefit, which is explained in older tax laws from 1976, 1994, or 2004.

A “source deduction payment” is money you get that has tax taken out before you receive it. It can be:

  1. A payment described in older tax laws from 1976, 1994, or 2004.
  2. A PAYE income payment, which is explained in the 2007 Income Tax Act.

A “specified provision” is a specific part of a tax law that applies to source deduction payments. Depending on which tax law is being used, it could be in the Income Tax Act from 1976, 1994, 2004, or 2007.

These definitions help make sure everyone understands what these words mean when reading about tax on benefits in the law.

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“You might need to learn about budgeting if you want your benefit money early”


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350: MSD may pay tax on main benefit other than by tax deduction from source deduction payment, or

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Part 6 Administration
Payment of benefits, tax on benefits, debts and deductions: Tax on benefits

349Interpretation

  1. In this section and sections 350 to 352,—

    main benefit means any of the following:

    1. a main benefit as defined in section YA 1 of the Income Tax Act 2007:
      1. an income-tested benefit, as that term is defined in whichever of the following apply:
        1. section 2 of the Income Tax Act 1976; or
          1. section OB 1 of the Income Tax Act 1994; or
            1. section OB 1 of the Income Tax Act 2004

            source deduction payment means a payment that is—

            1. within the meaning of that term in whichever of the following apply:
              1. section 2 of the Income Tax Act 1976; or
                1. section OB 1 of the Income Tax Act 1994; or
                  1. section OB 1 of the Income Tax Act 2004; or
                  2. a PAYE income payment, as that term is defined in section RD 3 of the Income Tax Act 2007 (if applicable)

                    specified provision, in relation to a source deduction payment, means (as the case requires)—

                    1. the fourth proviso to section 343(1) of the Income Tax Act 1976; or
                      1. the fourth proviso to section NC 6(1) of the Income Tax Act 1994; or
                        1. section NC 6(1D) of the Income Tax Act 1994; or
                          1. section NC 6(1D) of the Income Tax Act 2004; or
                            1. section RD 11(3) of the Income Tax Act 2007.

                            Compare
                            Notes
                            • Section 349 income-tested benefit: repealed, on , by section 142 of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).
                            • Section 349 main benefit: inserted, on , by section 142 of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).