Standard uplift: When 105 percent uplift payments are less than 110 percent payments

Image: Standard uplift - the lesser of 105 or 110 percent

IRD will sometimes apply the 105 percent standard uplift calculation (CY-1) retrospectively when determining what's due and payable at each provisional tax instalment.

This happens in situations where CY-1 payments turn out to be less than 110 percent uplift payments (CY-2).

When this is the case, IRD's system will automatically overwrite the CY-2 calculation once a taxpayer files their return for the previous year.

It will apply what's payable as per the CY-1 calculation to any earlier instalment(s) prior to the date of filing that return. See below.

Example - uplift instalments for 2020 tax year when 105 percent is less than 110 percent
A taxpayer with a 31 March balance date with the following information:

2018 RIT: $35,000
2019 RIT: $22,000 – accountant files the return for this year on 3 February 2020 

 The standard uplift payments due and payable for the 2020 tax year are as follows:
 
28 Aug 19: $7700
15 Jan 20: $7700
7 May 20: $7700

TMNZ’s Provisional Tax Calculator also applies this logic when taxpayers enter their RIT and filing date information.

As you can see, this benefits standard uplift taxpayers.

What if 105 percent is GREATER THAN 110 percent?

When this applies, uplift can be calculated based on the lower CY-2 amount for any instalment(s) due prior to the date the previous year’s return is filed.

This is based on the premise that a taxpayer cannot pay an amount they do not know about and ensures they are not significantly underpaid based on their total uplift amount.

Example - uplift instalments for 2020 tax year when 105 percent is GREATER THAN 110 percent
A taxpayer with a 31 March balance date with the following information:  

2018 RIT: $0
2019 RIT: $30,000 – accountant files the return for this year on 3 February 2020

The standard uplift payments due and payable for the 2020 tax year are as follows:
28 Aug 19: $0
15 Jan 20: $0
7 May 20: $31,500

Legislative change to reflect this approach to standard uplift

IRD's legal team feels the legislation is not clear in regards to overwriting CY-2 with CY-1 when the latter is lower. As such, there is an amendment in the Taxation (Kiwisaver, Student Loans, and Remedial Matters) Bill that will align the legislation with what the department is doing operationally.

The Bill is due to have its second reading.

Please feel free to contact TMNZ if you have any questions about this.

Be sure to download our free guide on calculating provisional tax using the standard uplift method if you haven't done so.


Image: IRD contacting clients

IRD agrees to stop contacting clients directly

Image: IRD contacting clients

Accountants have a fundamental role to play in the tax system and IRD is putting measures in place to limit direct contact with their clients.

These are the words of IRD commissioner Naomi Ferguson.

Her announcement – made during her address at the annual Chartered Accountants Australia and New Zealand (CA ANZ) Tax Conference in Auckland – comes as a response to concerns raised in a survey by tax agents that they are being pushed out and undermined.

The commissioner was quick to allay those fears, reminding accountants of the important role they play in maintaining the trust, confidence and integrity of the tax system. She added they will continue to do so as IRD forges ahead with Business Transformation.

In terms of the unintended issues stemming from IRD contacting clients directly, she said more than 70 processes involving interactions with taxpayers have been adjusted since issues were brought to its attention.

IRD will also invert the system so that the default position ensures tax agents will receive correspondence for any taxpayers to which they are linked.

A very timely announcement

Her announcement is welcome news for many accountants.

It is also timely, coming directly after TMNZ chief executive Chris Cunniffe presented at the conference the results of the annual Satisfaction with IR Survey.

The survey – commissioned by TMNZ and CA ANZ, and in its ninth year – found that nearly three-quarters of members working in public practice had clients who were contacted directly by IRD in the past six months. This is up from 66 percent the previous year.

Agents were very vocal in voicing their displeasure about this.

As a result of IRD bypassing them and contacting more of their clients directly, they were starting to feel undermined. Some were also expressing concern that the department is deliberately designing the tax system to phase them out.

Feedback in the survey is consistent with what TMNZ and CA ANZ are hearing from accountants at their respective roadshows.

However, following the IRD commissioner’s announcement, tax agents will now be able to rest easy.

Satisfaction with IR Survey: Other findings

The Satisfaction with IR Survey asks CA ANZ members in
public practice and business for their views on Business Transformation and
interactions with IRD.

Below are some of the other key findings from this year’s survey.

Members’ experiences contacting IRD

Chartered accountants’ overall satisfaction with IRD dropped for the fourth year running. It now sits at 66 percent, down sharply from 78 percent in 2018.

The decline is steepest among accountants in public practice.

That's due to the difficulty they face when trying to find the right person to speak to when phoning IRD (declined 11 percentage points) and the accuracy of the department’s processing (declined 15 percentage points).

The challenges experienced in these areas can be attributable to the release of phase three of Business Transformation earlier this year.

Polarising views on Business Transformation phase three

Members in public practice were less favourable about this
release compared to members in the corporate, public and not-for-profit sectors
– a reflection of their experiences of phase one where they were again the
hardest hit.

Difficulty finding things on the website, the speed of IRD’s responses and processing times, and getting known errors fixed are the source of their frustration with phase three. 

But those who feel the release has gone well believe the website is easy to use and contains all the information they require in one place.

Forty percent of members believe IRD is prepared to face the
challenges of the next 12 months but feel these could be better addressed with
more honest communication, staff training and wider engagement with taxpayers,
software providers and accountants.

Members say that general information in tax information bulletins, rulings, brochures and tax alerts have all improved this year.

TMNZ and CA ANZ share the full survey results with IRD. You can view them here.

About the Satisfaction with IR Survey

TMNZ and CA ANZ have been conducting the Satisfaction with IR Survey since 2011.


Image: 15 January provisional tax

Don't let 15 January provisional tax cause stress

Image: 15 January provisional tax and cashflow.

Paying 15 January provisional tax can be stressful and a pain in the derrière for many businesses – but it doesn’t have to be.

There is an IRD-approved service that allows taxpayers to make this payment when it suits them.

To understand why this might appeal, one must understand why 15 January provisional tax can be problematic.

For starters, let’s look at the timing of this payment. It is due when folks are enjoying the beach, BBQs, the bach or the boat. As the weather gets warmer, business activity for some chills during at this time of the year.

And while the current interest concession rules for taxpayers using the standard uplift method to calculate their provisional tax payments means they now have greater certainty over the amount due, this concession fails to recognise one thing that may be an issue for some during the Christmas-early New Year period: Cashflow.

Xero’s small business insights are telling. Only 39 percent of respondents were cashflow positive in January 2019. Moreover, invoices were also paid on average almost 11 days late during that month.

For some, the Christmas-early New Year period may mean six to eight weeks of no money coming in.

Only IRD can be so cruel to have provisional tax due on 15 January – and then flog a taxpayer with its interest (currently 8.35 percent) and late payment penalties if they fail to pay on time.

Pay 15 January provisional tax when it suits you

An IRD-approved tax pooling provider such as TMNZ offers provisional taxpayers payment flexibility, without having to worry about IRD interest and late payment penalties.

A taxpayer entering a payment arrangement with a tax pooling provider has the option of paying what they owe in instalments or deferring payment of the full amount to a date in the future that better suits them.

Approval is guaranteed, and no security is required.

How does it work?

The tax pooling provider makes a deposit into its IRD account on behalf of a taxpayer on the date their provisional tax payment is due (e.g. 15 January 2020). This deposit is date stamped as at the date it is made.

A taxpayer then goes about paying the tax pooling provider the core tax.

If they pay the full amount of tax owing, the tax pooling provider will transfer the entire deposit it is holding in its IRD account on behalf of that taxpayer to the taxpayer’s IRD account.

As this deposit carries a date stamp as at the date it was made, IRD will recognise it as if the taxpayer paid their 15 January provisional tax on time once it processes this transfer. This will eliminate any IRD interest and late payment penalties.

If the taxpayer opts to pay what they owe in instalments, the tax pooling provider transfers to the taxpayer’s IRD account an amount of the date-stamped tax deposit that matches the amount of every part payment they make until they satisfy their liability.

IRD will remit all interest and late payment penalties once the taxpayer pays the full amount owing.

What is the cost?

The taxpayer has some interest to pay – but this is cheaper than the 8.35 percent IRD charges when a taxpayer misses or underpays 15 January provisional tax.

Generally, it’s also less than a taxpayer’s existing finance rates.

A taxpayer choosing to finance the full payment of 15 January provisional tax to a later date will pay a fixed interest cost up front.

This is because they are agreeing to pay what they owe at an agreed upon date in the future.

The interest cost is based on the tax amount due and the date in the future they wish to pay.

Interest works a little differently if a taxpayer chooses to pay in instalments. The tax pooling provider will recalculate its interest on the core tax remaining at the end of each month.

Other options for 15 January provisional tax and how tax pooling compares

Another possibility is setting up a payment plan with IRD.

However, as part of this process, you will need to supply financial information and details around the timeframe you expect to settle your liability. IRD interest will continue to apply during any arrangement you strike.

You could also consider a short-term bank loan if cashflow issues will make paying 15 January provisional tax problematic. Again, there’s a process to go through and certain lending criteria must be met.

What you can do now

No doubt you are doing everything between now and when jolly ol' Santa rides into town on his present-laden sleigh to make sure you have enough funds to make ends meet if you feel the Christmas-early New Year period is going to be tough.

That probably means the usual jazz: preparing a budget, prioritising jobs you can complete quickly, chasing up anyone who owes you money and seeing if you can buy more time with creditors. Every dollar counts, right?

We have more tips in our free guide Better Cashflow Management that you might also find useful.

Now is also the opportune time to seek professional advice if, after doing a forecast, you feel you may encounter some strife. A good advisor will work with you to ensure a potential holiday cashflow issue does not become a crisis and help you manage your 15 January provisional tax payment.


Image: AIM and tax pooling

AIM and tax pooling

Image: AIM and tax pooling

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.


Image: Taxation (Kiwsaver, Student Loans, and Remedial Matters) Bill

TMNZ’s submission on Taxation (Kiwisaver, Student Loans, and Remedial Matters) Bill

Image: Taxation (Kiwsaver, Student Loans, and Remedial Matters) Bill

TMNZ supports all but one of the proposed provisional tax amendments in the Taxation (Kiwisaver, Student Loans, and Remedial Matters) Bill.

We made a submission on the Bill last week after receiving feedback from clients.

In it, we share our thoughts on the following proposed amendments to provisional tax:

  1. Eliminating the requirement to estimate at the final instalment date for provisional tax.
  2. Clarifying the ‘lesser of’ calculation of interest for standard uplift taxpayers.
  3. Clarifying the application of late payment penalties applicable from the final provisional tax instalment date.
  4. Removing the ability for taxpayers to choose the provisional tax instalment to which a payment is applied.
  5. Clarifying the way in which provisional tax is truncated to whole dollars.
  6. Non-standard provisional tax instalments.

As well as that, we also ask IRD to address a possible gap in the legislation that it fails to mention in the Bill's commentary.

This relates to IRD clarifying the amount on which it applies interest and late payment penalties when a third of actual is lower than the uplift payment at the second instalment.

The provisional tax changes in the Taxation (Kiwisaver, Student Loans, and Remedial Matters) Bill: Our view

It is TMNZ’s view that all but amendment 4 are positive for taxpayers.

Amendment 4 will result in taxpayers facing compounding interest and late payment penalties.

However, we believe IRD needs to provide greater clarification relating to amendment 3.

That's because the commentary is not clear what happens for taxpayers in situations where the amount due at the final instalment is less than uplift and a third of actual.

Moreover, it is also our view that IRD applies amendment 5 retrospectively from the 2017-18 tax year.

You can read TMNZ’s full submission on the Taxation (Kiwisaver, Student Loans, and Remedial Matters) Bill here.


Image: Walker & Co Real Estate owners Lee And Marc Walker

Walker & Co Real Estate remedy big provisional tax problem

Image: Walker & Co Real Estate owners Lee And Marc Walker

Provisional tax is not without its challenges. Marc and Lee Walker from Walker & Co Real Estate know this all too well.

The husband and wife duo do not take umbrage at paying tax. No siree Bob. It’s part and parcel of being in business. And they accept it ain’t going away.

But they do have issues with the provisional tax system in its current condition.

Occasionally they feel the whole thing isn’t conducive to helping their small business grow. After all, having to pay tax even though they have not earned a single cent can certainly be a kick in the ribs.

But that is a consequence of IRD’s inflexible payment dates. Pay up – or pay the price.

If this sounds familiar, grab a pew and lend them an ear. Marc and Lee are about to detail how paying provisional tax with TMNZ enables Walker & Co Real Estate to remedy this problem.

Introducing Walker & Co Real Estate

To understand their perspective on provisional tax, one must understand more about their business.

They own and operate Walker & Co Real Estate. It’s a boutique agency in Upper Hutt. Warm and welcoming, it’s the type of place that caters to all walks of life. There’s always a cuppa on hand as they converse with buyers and sellers to deliver the best outcome. It certainly has that homely feel.

Collectively, Marc and Lee bring nigh on 20 years’ experience within the industry. So, they know what’s what. Five of those have been spent running Walker & Co Real Estate.

Like any business, there are peaks and valleys. There are sales aplenty in spring and Christmas. In winter, business chills a little.

That seasonality affects Walker & Co Real Estate. When cash is in short supply, Marc says it can be tough getting things like marketing and advertising squared away.

Adds Lee: “Obviously when your commissions come in there’s good money. However, you’ve got to sell a property before you get the cash coming in. So cashflow is definitely…very difficult.”

Image: Walker & Co Real Estate pay provisional tax with TMNZ.

Provisional tax can hinder business growth

And the last thing Walker & Co Real Estate wants to do is hand over money to IRD when things are tight.

That puts the kybosh on their business plans as they are having to use the funds they need to operate or would invest elsewhere to cover it.

That, in turn, does not help them earn the do-re-mi.

Why Walker & Co Real Estate uses TMNZ

As they prefer to keep money in their business, Walker & Co Real Estate chooses to pay its provisional tax with TMNZ. This allows them to make their payments when it suits their business cashflow.

“Having the resource to put into your business is very important,” says Marc.

 “Growth is important and if you take resources away from companies like us, our growth gets stagnant a little bit and it takes longer to get traction. To not worry about [provisional tax], it certainly helps us grow.”

Lee agrees. “It takes away all those stresses. You’re passing it on to somebody else and saying ‘take care of this for me, I don’t know what to do, we’ve got a shortage of cashflow’ and it’s the best way of putting more energy into your business and doing the things that you’re good at.”

All that peace of mind costs the pair is TMNZ’s interest, which is much cheaper than the usurious interest IRD charges. Not a bad trade-off for greater flexibility. No nasty late payment penalties either.

Lee says everything was easy to set up. Forget about phoning IRD and, providing you can get through to someone, facing an “interrogation” from its staff. 

“[TMNZ are] there to help you – and they know their stuff.

“If you are unsure of anything at all, they will answer everything in a way that you can understand it. The everyday person, because there’s accountant language and everyday person language and they put it in a way that you can understand it as an individual or a company.”

Image: Walker & Co Real Estate logo
Photos: Colin McDiarmid.

Just give it a try

Marc reckons other business owners should give serious thought to using TMNZ.

“You solve a problem for a lot of businesses,” he says.

“I talk with a lot of business owners and we’re all the same – there’s a certain month in the year that you need to get things squared away and this from my point of view would certainly help them.”

Lee is much more effusive in her praise.

“Every time you have got that payment coming up you know you can give them a call and they will have it sorted for you. When you use the professionals and they do a job and do it well, leave it to them.

“Try it for a couple of years and see how you go. You’ll never turn back and will use them every time.”


Image: Auckland Sky Tower

TMNZ stepping up for Leukaemia & Blood Cancer New Zealand

Image: Auckland Sky Tower

TMNZ staff are raising money for Leukaemia & Blood Cancer New Zealand by racing up the tallest building in the Southern Hemisphere next month.

Grace Evetts, Mara Fisher, Neil Bhattacharya, Jatin Sharma and Lee Stace – collectively known as the ‘TMNZ Fast Five’ – are participating in this year’s Step Up Sky Tower Stair Challenge on 9 August.

They will join other teams from across New Zealand in racing up the 1103-step Auckland Sky Tower . The structure stands an impressive 328m and is 51 floors.

The money TMNZ raises will help Leukaemia & Blood Cancer New Zealand pay for patient support, research, information and advocacy.

Image: Leukaemia & Blood Cancer New Zealand logo.

About Leukaemia & Blood Cancer New Zealand

Leukaemia & Blood Cancer New Zealand is the national charity that supports patients and their families.

Blood cancers combined are the fifth most common form of cancer in New Zealand. An estimated 21,000 people live with blood cancer or a related condition.

In fact, six children and adults in New Zealand are diagnosed with a blood cancer like leukaemia, lymphoma and myeloma every day.

Despite doing such fantastic work, Leukaemia & Blood Cancer New Zealand receives no government funding.

The Step Up Sky Tower Stair Challenge is a key fundraiser for this organisation. That's why TMNZ staff are exercising their social responsibility by competing in this event.

How you can help

If you wish to sponsor one of the individual team members or donate directly to the team, you can do so here.

The TMNZ Fast Five are training hard to ensure they are fit and strong enough to tackle the Step Up Sky Tower Stair Challenge.

However, they cannot raise much-needed funds for Leukaemia & Blood Cancer New Zealand without the generosity of others.

They will appreciate any donations, so please give whatever you can.

And remember, anyone who makes a donation of $5 or more is eligible to receive a 33.33 percent tax credit or rebate from IRD.


Image: Accounting Income Method (AIM)

Accounting income method: When cashflow doesn't match accounting profit

Image: Accounting Income Method (AIM)

IRD’s marketing material boasts the accounting income method (AIM) means taxpayers only pay provisional tax when they make a profit.

But what it neglects to convey is what happens if an AIM
user making a profit has no money in their bank account to pay tax when it is
due.

The answer? Bad things. IRD charges interest and penalties – and there is very little they can do to mitigate the financial consequences.

Tax pooling, for instance, is not available to them. (We’ll explain IRD’s rationale as to why it isn't further on in this article.)

Indeed, an issue with using accounting profit as the basis of AIM payments is it assumes a taxpayer has the necessary cashflow to pay tax.

As those earning income from business activity know, that is
not always the case.

For instance, take a business that concludes the sale of a
large piece of equipment and finishes installing it. They will derive the
income for tax purposes at that time.

However, if the customer significantly delays payment or the
terms of supply mean the customer will pay the price over many months, the business
will not have the cashflow to pay provisional tax.

As such, they will incur steep IRD interest (soon to be 8.35 percent) and late payment penalties if they fail to pay the taxman on time.

Now if the taxpayer was using another method to calculate their provisional tax payments, they will have the ability to use tax pooling to make this payment when it suits their cashflow.

No worries. All good in the prov. tax hood.

But those using the accounting income method DO NOT enjoy this luxury. Legislation prevents them from using tax pooling. (Tax pooling can only help with terminal tax or reassessments if a taxpayer is using AIM.)

This hardly seems fair, does it?

Is it right IRD restricts the use of tax pooling for accounting income method taxpayers?

It was something the Tax Pooling Intermediary Association, of which TMNZ is a member, brought to officials’ attention when they were seeking submissions in 2016.

They felt the absence of any fallback mechanism such as tax
pooling will put additional stress on taxpayers to pay a liability under AIM
when they may not have enough cash.

“This type of situation is inconsistent with the policy
intent of easing the burden on taxpayers and encouraging them to pay the right
amount of tax at the right time without incurring penalties and could easily be
mitigated by allowing tax pooling to be used with the AIM method.

“Feedback we have received from engaging with our SME
clients is that the most important factor they have to deal with when paying
taxes is cashflow.”

Chartered Accountants ANZ echoed similar sentiments in its submission, saying IRD’s analysis on AIM “ignores the cashflow element to a business”.

As an example, they cite a company that makes strong sales –
but may not have the funds to pay provisional tax if debtors are not paying or if
the owner is re-investing cash to grow the business.

“There is no reason to exclude AIM taxpayers from tax
pooling.

“Tax pooling will enable the AIM taxpayer to meet their obligations without incurring IRD interest or penalties. Denying AIM taxpayers this flexibility at times when cashflow is tight is poor design.”

IRD’s position on AIM and tax pooling

In reply, IRD felt it was not appropriate for taxpayers to use tax pooling for AIM provisional tax payments.

That’s because payments under the accounting income method
have certainty, more closely match the income flows of a business and have no exposure
to IRD interest (assuming a taxpayer pays the amount due on time of course).

“The use of tax pooling for provisional tax payments throughout the income year provides certainty to taxpayers when payments are uncertain. It also assists in situations when provisional tax payments made under the estimate or uplift methods are not matched to the income flows of the business.

“Officials therefore believe that AIM effectively removes any benefit to a business from using tax pooling during the income year.”

They argue mismatches in cashflow to tax payments occur when tax adjustments move the taxable profit further away from accounting profit. Under the accounting income method, there is “minimal movement” away from accounting profit.

Moreover, IRD feels taxpayers could use their standard banking facilities if they have cashflow concerns.

If cashflow problems were to persist, they can choose to use a provisional tax method that better aligns with their cashflow.

“Pooling itself does not operate as a pure financial
institution with regard to the short-term loans, rather it facilitates the sale
and purchase of tax paid at different dates.”

However, the Tax Pooling Intermediary Association says pooling is more than just the sale and purchase of tax at different dates and IRD is missing the point.

 “Tax pooling has evolved … and is now used extensively by taxpayers as a cashflow management tool, to enable them to pay their income tax when cashflow from their business allows.”

The fact of the matter

Whatever someone agrees or disagrees with IRD's stance, the fact remains the same.

Taxpayers using the accounting income method must be aware
of the potential consequences they face if they are making profit but have insufficient
cash to pay tax.

And as they cannot use tax pooling to defer AIM payments if they are experiencing a cashflow problem, they need to consider if it is the right option for them. It can also be quite a compliance-heavy method, especially for taxpayers with significant year-end adjustments.

In other words, do not take IRD's marketing spin as gospel.


First year of trading and provisional tax

What are a taxpayer’s provisional tax obligations in their first year of trading?

This is a question we receive a lot. In fact, there is certainly a lot of confusion out there.

As most know, their first year of trading is not tax-free. However, when income tax is due and payable depends on a taxpayer’s residual income tax (RIT) for the year and if they are a ‘new provisional taxpayer’.

So, with that in mind, we explain below how the provisional tax rules work for the 2018 tax year onwards.

First year of trading: RIT is less than $60,000

Any income tax due for the year is due on your terminal tax date.

Interest will apply from this date if a taxpayer does not pay by then.

However, if the RIT is more than $5000 in their first year of trading, they will be a provisional taxpayer for the following year.

First year of trading: RIT is $60,000 or more

IRD may charge interest if you fall into the ‘new provisional taxpayer’ category.

The new provisional taxpayer criteria are different for individuals and companies/trusts.

Individuals are a new provisional taxpayer if:

  • Their RIT for that tax year is $60,000 or more
  • Their RIT in each of the four previous tax years was $5000 or less; and
  • They stopped receiving income from employment and start to receive income from a taxable activity during that tax year.

Companies/trusts are a new provisional taxpayer if:

  • Their RIT for that tax year is $60,000 or more
  • They did not receive taxable income from a taxable activity in any of the four previous years; and
  • They started receiving income from a taxable activity during that tax year.

Please take note the different criteria for individuals and companies/trusts. This catches taxpayers out.

It is important to mention the term ‘taxable activity’ has the same meaning as it does in section 6 Goods and Services Tax Act 1985. However, for the purposes of provisional tax, the exclusion in the Act pertaining to GST-exempt supplies does not apply.

As such, determining if you are a new provisional taxpayer can be tricky in some instances.

From what instalment(s) will IRD charge interest for new provisional taxpayers?

IRD may charge interest (see the current rate here) on the number of provisional tax payments a taxpayer could have made during the first year of trading if you meet the new provisional taxpayer criteria.

Of course, that number depends on the date on which their business starts trading.

For someone with a 31 March balance date, refer to the table below.

If a taxpayer’s first year of trading starts… Then the number of provisional tax instalments payable is…
Before 29 July Three (28 Aug, 15 Jan and 7 May)
On/after 29 July but before 16 December Two (15 Jan and 7 May)
On 16 December or any time after that One (7 May)

These dates will differ if your balance date isn’t 31 March or you file GST returns on a six-monthly basis.

The amount due at each provisional tax instalment

So, what happens if you meet the new provisional taxpayer criteria in your first year of trading?

Well, put simply, IRD will divide your RIT for the year by the number of instalments you were liable to pay per the table above.

For instance, say your business starts trading on 1 October and your RIT for the year was $69,000.

IRD will charge interest from two provisional tax dates: 15 January and 7 May. The amount on which interest will accrue at each date will be $34,500.

On the positive side, late payment penalties will not apply.

Reducing exposure to IRD interest

Taxpayers may wish to make provisional tax payments in their first year of trading to mitigate their exposure to IRD interest if they expect their RIT is going to be $60,000 or more.

If they are an individual or a partner in a partnership and meet certain criteria, they may also get an early payment discount of 6.7 percent on these payments.

TMNZ’s Flexitax lets you reduce the IRD interest cost on the tax owing by a significant amount.

This is done by applying surplus tax paid to IRD on the date it was originally due against your liability. IRD treats this as if you paid on time, eliminating any interest and late payment penalties incurred.

This article has been written in general terms only. You should not rely upon this to provide specific information without also obtaining appropriate professional advice after detailed examination of your situation.