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Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Interest and penalties for late or incorrect payments of duty, incorrect refunds of duty, and drawback incorrectly allowed - Remissions and refunds of interest and penalties

170: Interest and penalties: remissions and refunds if consistent with collection of highest net revenue over time

You could also call this:

"The chief executive can cancel or refund extra costs if it helps get the most money from duties over time."

Illustration for Customs and Excise Act 2018

The chief executive can cancel or refund interest or penalties you owe if they think it will help collect the most duty possible over time. They have to follow the rules in section 110 to make this decision. When making this decision, the chief executive thinks about how important it is for you to follow the rules and pay your duties on time.

The chief executive looks at how cancelling or refunding interest or penalties will affect everyone who has to pay duties, not just you. They want to make sure everyone follows the rules, even if it's just because they want to do the right thing. The chief executive does not consider whether you can afford to pay the interest or penalties when making their decision.

You can find more information about this rule by comparing it to a similar rule from 1994, which you can read about by following the link to s 183D.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7245173.

Topics:
Money and consumer rights > Taxes
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169: Interest and penalties: remissions and refunds if duty determined not to be payable, etc, or

"Getting back interest or penalties if you don't have to pay duty after all"

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171: Interest and penalties: remissions and refunds in prescribed circumstances, or

"Getting back money you paid for interest or penalties if you follow the rules"

Part 3Entry and exit of goods, persons, and craft
Interest and penalties for late or incorrect payments of duty, incorrect refunds of duty, and drawback incorrectly allowed: Remissions and refunds of interest and penalties

170Interest and penalties: remissions and refunds if consistent with collection of highest net revenue over time

  1. The chief executive may remit or refund any interest or penalty payable under this subpart if the chief executive is satisfied that the remission or refund is consistent with the chief executive’s obligation under section 110 to secure the collection, over time, of the highest net revenue from duty that is practicable within the law.

  2. In deciding whether to remit or refund any interest or penalty under this section, the chief executive—

  3. must have regard to the importance of this subpart in promoting compliance, especially voluntary compliance, by all duty payers with this Act and any other enactment relating to any duty:
    1. must not have regard to the financial position of the person by whom the interest or penalty is payable.

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