Skip to Content

myIR, payments and more

Technical tax area
Ngā tūmomo whakataunga me ngā aratohu


The new KiwiSaver legislation introduction

The legislation giving effect to compulsory employer contributions and the employer tax credit is contained in the Taxation (KiwiSaver) Act 2007, which received Royal assent on 19 December 2007, and applies from 1 April 2008. The new Act also includes a number of other amendments

The new KiwiSaver legislation detailed analysis

A number of changes have been made to the member tax credit rules as enacted by the Taxation (KiwiSaver and Company Tax Rate Amendments) Act 2007. Section references are to the Income Tax Act 2004 unless otherwise specified

Compulsory employer contributions

New Subpart 3A of Part 3 of the KiwiSaver Act (sections 101A to 101K) requires an employer to make an employer contribution for each employee who has deductions for KiwiSaver or CSF contributions from his or her gross salary or wages

Employer contributions counting towards the employee contribution rate

Previously, the KiwiSaver Act allowed employer contributions to count towards the employee contribution rate if the parties agreed. With the advent of compulsory employer contributions, this provision was to be amended from 1 April 2008

Employer tax credit (sections KJ6 to KJ10 of the Income Tax Act 2004 and sections MK 1(2) and (4) and MK 9 to MK 16 of the Income Tax Act 2007)

New section MK 1(2) of the Income Tax Act 2007 (section KJ 6 of the Income Tax Act 2004) provides a tax credit to employers to help offset the costs of making matching compulsory employer contributions to an employee's KiwiSaver scheme or CSF

Initial and confirmed back-dated validation of invalid membership (section 18 and new section 59 of the KiwiSaver Act 2006)

Invalid KiwiSaver enrolments occur in a range of circumstances. This can happen, for example, when people join KiwiSaver who are not entitled to because they do not meet the residency requirements

Regulatory regime for KiwiSaver and CSFs

A number of changes have been made to the regulatory regime for KiwiSaver and CSFs

Definition of "salary and wages" (section 4 of the KiwiSaver Act)

The definition of "salary and wages" in section 4 of the KiwiSaver Act has been amended

Further amendments

A number of other amendments have also been made to the KiwiSaver Act

Mortgage diversion regulations - questions we've been asked

This section of the TIB sets out answers to some questions we've received on the mortgage diversion regulations applying to KiwiSaver which may be of general interest to readers

KiwiSaver application date(s)

The following table summaries the principal application dates relating to KiwiSaver