Section 193 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Liability to pay Residual Claims levy

193 Liability to pay Residual Claims levy (1) An employer and a self-employed person must pay to the Corporation, in accordance with this Act and regulations made under it, a levy for the purpose of fully funding no later than 30 June 2014 the outstanding claims liability, as recognised by the Corporation from time to time, for the Residual Claims Account. (2) Regulations relating to the levy may prescribe methods of calculating the levy if a payment relates to a period of less than 1 year. (3) A levy must relate to a prescribed period. (4) An employer must pay the levy— (a) by the date specified for payment, whether in an invoice or other appropriate document given to the employer by the Corporation or an agent of the Corporation; or (b) if the Commissioner is acting as an agent of the Corporation, by 31 May in each year. (5) A self-employed person or employer of a shareholder-employee must pay the levy in accordance with the following provisions: (a) a self-employed person must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the self-employed person by the Corporation or an agent of the Corporation: (b) however, if the Commissioner is acting as an agent of the Corporation, a self-employed person or employer of a shareholder-employee must pay the levy on or before the date for payment on which income tax not previously due and payable is due and payable as specified in section RA 3 of the Income Tax Act 2007. (6) If the Commissioner is acting as an agent of the Corporation, an employer must file a statement with the Commissioner by 31 May in each year setting out the total amount of earnings as an employee paid by the employer. (7) If the Commissioner is acting as an agent of the Corporation, a self-employed person must, within the time in which the person is required to furnish a return of income under the Tax Administration Act 1994 , deliver to the Commissioner a statement of the person's earnings as a self-employed person for the tax year. (8) [Repealed] (9) For the purposes of this section, employer includes— (a) an employer to whom section RD 16 of the Income Tax Act 2007 applies; and (b) [Repealed] (c) an employer who makes a payment of an amount to which section RD 3(2) to (4) of the Income Tax Act 2007 applies; and (d) a private domestic worker. (10) Sections 195 and 196 apply to private domestic workers as if they were both the employer and the employee. Compare: 1998 No 114 s 304 Section 193 was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ Income Tax Act 2004 ” for the words “ Income Tax Act 1994 ” in all places in which they appear. Section 193(5)(b): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). Subsection (5)(b) was amended by section 166(1) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5) by omitting the words “ or section MC 2 ” with application as from the 2002-2003 income year. Subsection (7) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ tax year ” for the words “ income year ” . Subsection (8) was repealed, as from 11 May 2005, by section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Section 193(9)(a): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). Subsection (9)(b) was repealed, as from 11 May 2005, by section 34 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Section 193(9)(c): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). Subsection (9)(c) was amended, as from 11 May 2005, by section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by inserting the expression “ ; and ” . Subsection (9)(d) was inserted, as from 11 May 2005, by section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Subsection (10) was inserted, as from 11 May 2005, by section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).