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Technical tax area Ngā tūmomo whakataunga me ngā aratohu

Shortfall penalties

These items clarify some specific issues about shortfall penalties.


QB 12/12: Abusive tax position penalty and the anti-avoidance provision

QB 12/12 discusses whether an abusive tax position penalty applies automatically where there is a 'tax avoidance arrangement' under the Income Tax Act 2007.

QB 12/12 - PDF format (49kb | 9 pages)

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QB 10/04: Shortfall penalty for evasion or a similar act - knowledge required and Interpretation Statement IS0062

QB 10/04 relates to the shortfall penalty for evasion under the Tax Administration Act and whether the taxpayer must know the act in question is unlawful.

QB 10/04 - PDF format (108kb | 3 pages)

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QB 12/12: Abusive tax position penalty and the anti-avoidance provision

QB 12/12 discusses whether an abusive tax position penalty applies automatically where there is a 'tax avoidance arrangement' under the Income Tax Act 2007.

QB 10/04: Shortfall penalty for evasion or a similar act - knowledge required and Interpretation Statement IS0062

QB 10/04 relates to the shortfall penalty for evasion under the Tax Administration Act and whether the taxpayer must know the act in question is unlawful.

Do the statutory time bar provisions apply to shortfall penalties?

QB (Jun 2004) clarifies that the CIR is not time barred from issuing/amending shortfall penalty assessments if there is a 'tax shortfall' by the statute bar date.

Shortfall penalties in respect of agreed adjustments (September 2001)

QB (Sep 2001) considers whether shortfall penalties should be determined at the same time as an agreed adjustment and included on the agreed adjustment form.