New Zealand Inland Revenue has published a COVID-19 response variation, which extends, in relation to R&D activities, the time for filing supplementary returns for the 2020 tax year and for applying for "criteria and methodology" approvals for the 2021 income year for those customers materially delayed or disrupted by the COVID-19 outbreak and its effects. The variation was issued under the Commissioner's temporary powers to vary due dates, deadlines, time periods, timeframes, and administrative or procedural requirements for taxpayers who are adversely affected by COVID-19, which expires 30 September 2021.

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Determination

The Commissioner of Inland Revenue has, under the discretion provided under section 6I of the Tax Administration Act 1994, made the following statutory variation:

For a criteria and methodologies notice in relation to the R&D tax credit for the 2020- 2021 income tax year under section 68CC(3) of the Tax Administration Act 1994, the date by which that notice must be filed with the Commissioner is extended to the 7th day of the fifth month after the end of the income year for a person with a standard or late balance date, or 7 August 2021 for a person with an early balance date, but in no case beyond 30 September 2021.

For a supplementary return for the 2019-2020 tax year under s 33E of the Tax Administration Act 1994, the date by which a supplementary return must be filed is amended to be the day that is 90 days after—

(a) the due date on which they are required to file a return of income for the tax year under section 37; or

(b) the due date on which they would be required to file a return under section 37, if they had assessable income.

This variation applies in circumstances where the planning or conduct of eligible research and development or the ability to appropriately obtain necessary information, seek advice and formulate an application or prepare a return under sections 33E or 68CC of the Tax Administration Act 1994 on time has been materially delayed or disrupted by the COVID-19 outbreak and its effects.

Application date

This variation applies from 21 April 2021 to 30 September 2021