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Goods and Services Tax Act 1985

Returns and payment of tax

17: Special returns

You could also call this:

"Sending extra tax information when you sell someone else's goods"

Illustration for Goods and Services Tax Act 1985

When you sell goods, you might need to fill out a special return. This happens if the goods are deemed to be supplied by you under section 5(2). You must give the Commissioner a return with certain information. You need to include your name and address, and your registration number if you have one. You also need to include the name and address of the person whose goods you sold, and their registration number if they have one.

You must pay the Commissioner the amount of tax charged on the supply of goods. You also need to give the person whose goods you sold details of the information on the return. The tax charged on the supply of goods must be excluded from any other return you or the person whose goods you sold might need to fill out.

You must complete these actions by a certain date. This date is usually the 28th of the month after the sale was made. However, if the sale was made in November, you must complete these actions by 15 January. If the sale was made in March, you must complete these actions by 7 May.

Any tax charged on the supply of goods is considered tax payable and can be recovered as a debt. Your return must include a notice of the assessment that must be made under section 92B of the Tax Administration Act 1994.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM83435.

Topics:
Money and consumer rights > Taxes
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"Sending in your tax details for a certain time period"

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"Extra information the tax office might ask you for"

Part 3Returns and payment of tax

17Special returns

  1. Where goods are deemed to be supplied by a person pursuant to section 5(2), the person selling the goods, whether or not that person is a registered person, shall—

  2. furnish to the Commissioner in the prescribed form a return showing—
    1. that person's name and address and, if registered, registration number; and
      1. the name, address, and, if registered, registration number of the person whose goods were sold; and
        1. the date of the sale; and
          1. the description and quantity of the goods sold; and
            1. the amount for which they were sold and the amount of tax charged on that supply; and
              1. such other particulars as may be prescribed; and
              2. pay to the Commissioner the amount of tax charged on that supply; and
                1. furnish to the person whose goods were sold, details of the information shown on the return referred to in paragraph (a),—
                    1. and the person selling the goods and the person whose goods were sold shall exclude from any return, other than a return required pursuant to this subsection, which either or both may be required to furnish under this Act, the tax charged on that supply of goods.

                  1. The actions required of a person under subsection (1)(a) to (c) must be completed, on or before—

                  2. the 28th of the month following the end of the month in which the relevant sale was made, if paragraphs (b) or (c) do not apply; or
                    1. 15 January, if November is the month in which the relevant sale was made; or
                      1. 7 May, if March is the month in which the relevant sale was made.

                        1. Any amount of tax charged on any supply of goods to which this section applies shall be deemed, for the purposes of this Act, to be tax payable and shall be recoverable as a debt due to the Crown.

                        2. A return must contain a notice of the assessment that must be made under section 92B of the Tax Administration Act 1994.

                        Notes
                        • Section 17(1): amended (with effect on 30 November 2007), on (applying for taxable periods ending on or after 30 November 2007), by section 275(1) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
                        • Section 17(1): amended, on , by section 5(a) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
                        • Section 17(1): amended, on , by section 5(d) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
                        • Section 17(1)(a): amended (with effect on 3 December 1985), on , by section 15(1) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
                        • Section 17(1)(a)(ii): amended, on , by section 5(b) of the Goods and Services Tax Amendment Act 1987 (1987 No 103).
                        • Section 17(1)(a)(vi): substituted (with effect on 3 December 1985), on , by section 15(2) of the Goods and Services Tax Amendment Act 1986 (1986 No 43).
                        • Section 17(1)(c): substituted, on , by section 10 of the Goods and Services Tax Amendment Act (No 2) 1989 (1989 No 152).
                        • Section 17(1B): inserted (with effect on 30 November 2007), on (applying for taxable periods ending on or after 30 November 2007), by section 275(2) of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
                        • Section 17(1B): amended (with effect on 30 November 2007), on (applying to taxable periods ending on or after 30 November 2007), by section 12(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
                        • Section 17(3): added, on (applying for taxable periods beginning on or after 1 April 2005), by section 147(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).