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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22168
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have been sent an invoice on 26/19/2016 for overdue

Customer Question

Hi there,
JA: Hello. How can we be of help?
Customer: I have been sent an invoice on 26/19/2016 for overdue working for families tax credit plus interest and non payment penalties for the 2013-2014 tax period. How can this be fair. Can they make an invoice for so long ago. It was their mistake that the dues were overlooked.And I being charged penalities and interest
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: auckland
JA: Has anything been filed or reported?
Customer: At the time I was told that my account was clear and that I did not need to file an IR3. Since then they have reviewed my account and decied that they made a mistake and sent the invoice
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 days ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 days ago.

Under the Tax Administration Act, Inland Revenue can go back at least 10 years to review payments which you may have made. Unfortunately this means that they do have the power to go back to this tax period. You can ask them and challenge the assessment. You can also ask for penalties and interest to be waived if you acted relying on the original assessment being correct. If you are self-employed you would need to file the IR3 form.

Customer: replied 9 days ago.
I was told at the time that I did not need to file an IR3 as I was not self employed. This is their mistake not mine.
Expert:  Chris The Lawyer replied 9 days ago.

If IRD have made mistakes you should tell them and ask for the penalties and interest to be waived. Did you have income other than from a job, such as investments?

Customer: replied 9 days ago.
no, no other income
Expert:  Chris The Lawyer replied 9 days ago.

Did you file any tax return at all? Did you have a job or where you unemployed?

Customer: replied 9 days ago.
on the phone to ird at the time i was told that I didnt need to . I was working part time. They have since said that they realised no pts was filed which is why I have been sent this bill. I understand that they are able to review thier books and send an invoice but I fail to understand how it is fair and just to charge interest and non payment penalties for a months before the bill was even generated
Expert:  Chris The Lawyer replied 9 days ago.

This form explains how to apply for remissions, which you should do in this case

Customer: replied 8 days ago.
Thank you for your help:)
Expert:  Chris The Lawyer replied 8 days ago.
Glad to help

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