Legislation prevents taxpayers from using tax pooling to pay AIM provisional tax instalments.
We are issuing this reminder as IRD notifies us they are seeing several tax pooling transactions for these types of payments.
Section RP17B (2)(a) Income Tax Act 2007 says an amount held in a tax pooling account on behalf of a taxpayer can only be used to satisfy a liability for “provisional tax other than under the AIM method”.
That means that a taxpayer using this provisional tax method is unable to use TMNZ to defer an upcoming AIM instalment or reduce their interest cost if they fail to make this payment on time or in full.
IRD will reject these transfers.
The only time an AIM user can use tax pooling is for terminal tax – for example, an amount that’s due on 7 April – or if they receive a notice of reassessment from IRD.
This is something accountants need to be aware of before signing clients up to this option.
Why IRD doesn’t allow tax pooling
IRD says it is not appropriate for taxpayers to use tax pooling for AIM provisional tax instalments because payments under this method:
- Have certainty.
- More closely match income flows of a business.
- Have no exposure to IRD interest (assuming a taxpayer pays the amount due in full and on time).
The Tax Pooling Intermediary Association, of which TMNZ is a member, and Chartered Accountants ANZ disagrees with that viewpoint. They say it assumes a taxpayer has the necessary cashflow to make their payments – but that is not always the case.
You can read both sides’ argument here.
Usage of AIM
Uptake of AIM has been poor since it came into effect for the 2019 income year. According to IRD figures last year, only 1100 taxpayers are using this method. That works out to be about 10 percent of those eligible.
There are two IRD articles promoting AIM this year – yet curiously neither cites the current number of active users despite waxing lyrical about the benefits. This suggests it remains low.
TMNZ’s view is AIM is compliance heavy and will only suit a small handful of taxpayers.