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IRD 'go slow' on tax refunds angers firms

Cash-strapped companies are accusing Inland Revenue of delaying tax refunds according to a report in NBR's print edition.

They say they have overpaid their provisional tax and now demand their funds back.

Tax experts spoken to by NBR said the IRD is being "quite reserved" about paying GST refunds and provisional tax.

"We're seeing it quite a lot and have been for months," Kensington Swan partner Peter Speakman, who specialises in taxation, said.

"We are in refund territory this year- provided the government pays out."

While the IRD formally denies any go slow, it has the legislative authority to withhold a refund if it starts an investigation during the period the refund is due.

"The authority is being very hawkish, generally, about IRD audits. It's a clear sign that the government is concerned about the tax market," Mr Speakman said.

"The government thinks 'how much cash did we collect' and has a hernia if it's far reduced from what they were expecting," he said, blaming Inland Revenue for trying to hold onto tax.

Ernst & Young tax director Andy Archer said he knew of instances where tax refunds had been delayed because the IRD had dragged out the assessment process and/or put taxpayers under review.

"I wouldn't go as far as to say they are managing cashflow - it might have a linkage to a shortage of staff," Mr Archer added.

There had been instances recently when accountants at Ernst & Young had faced difficulties contacting the necessary staff at the IRD to sort out claims. And even when they had, they had been told it would take a month to correct issues and make the payments.

Mr Archer said Ernst & Young had also seen instances recently of GST refunds being held pending review where perhaps 12 months ago they would not have been - particularly for property developers and non-resident importers.

"We heard from a source that IRD operations had been instructed to verify every refund and not release it until they were 100% satisfied it was payable. This has resulted in some lengthy correspondence about issues such as 'what amounts to a taxable activity?'"

Mr Archer puts this down to the IRD tightening its own handling of GST returns.

"This would be seen by the IRD as prudent in this environment where business cash shortfalls are sometimes supplemented by inappropriate GST claims, where an early payout may not be recoverable as the business is distressed and goes under," he said.

In other words, the IRD is holding on to cash longer in case a company goes under, having made inappropriate claims that the department then can't recoup.

Deloitte managing tax partner Thomas Pippos agreed and said it was possible these additional processes were holding things up.

He didn't believe that there was general tardiness on the part of the department but that concerns were being raised because people needed their refunds more urgently.

An Inland Revenue spokeswoman denied any increase in the delays over tax refunds, saying that GST refunds before the end of April had been returned at a rate better than set out in Inland Revenue guidelines.

Inland Revenue guidelines state 80% of customers not registered for GST will be processed within four weeks - it managed to return 87.8% in this time. While 95% of those GST registered should have their refunds within three weeks, Inland Revenue managed to return 98.4% of them within the timeframe.

"In most cases when the customer has provided all the required information on their return it is quickly processed through our system and any refund released. If a return arrives where addition action is indicated - especially where credit or debit thresholds are exceeded - staff move quickly to resolve the issues and complete the assessment," the spokeswoman said.

She said that occasionally when bulk volumes arrived at peak times it did place additional strain on resources.

More by Lucy Craymer

Comments and questions
7

I too have been caught up by this. Many years ago a GST refund due was "caught up" by a nonsensical decision by a complete idiot then still within the IRD. In the mean time (because I knew I was right from advice received by a far higher qualified IRD assessor) I decided to "offset" the refund due against "other" taxation owing therefore creating a mindless escalation to almost 5 times the refund due, now being imposed as penalties instead, With the help of Rodney Hide especially I was able to - some 9 years later - (and after two "wind-up IRD imposed Court case applications)" both gazetted by the idiot brigade but both were discontinued - both at the last minute - both without retractions nor apology only to find a real gem within the IRD who managed to unravel this travesty. Unfortunately, the refund I was due so many years before hand was now completely eaten out by my accountant and solicitors fees and also by the penalties now imposed "elsewhere" that were then incurred further "penalties" so at the end of the day - some 10 years later - I'm "out of pocket" by over twice the sum of the original refund that was then due with no redress unless I go through out "court system" again which is the only sure way to total insolvency, Such is "Justice" in NZ.

Just as the word "accountability" has been struck from the politicians' dictionary, so the word "justice" has been removed from all dictionaries at the IRD.

Remember that although other services such as policing, intelligence and defense of the nation may seem to be more important, government has given the IRD far more powers than any of those other arms of the state. Have you ever wondered why that is?

I had a very interesting chat with a gentleman from the SIS once and he told me some interesting things about just how much more power the IRD has than our Security Intelligence Service -- to the extent that the SIS sometimes call on the IRD to go in and uplift documents under the guise of "tax investigation" simply because it's quicker and easier than going through the convoluted process of getting authority to do it themselves.

Had the same experience. Good to see holding back on refuds is a widespread thing.

I had a GST audit which took months, the $14k refund was finally approved after $750 accountants fees and although the payment was promised after Easter, it still hasn't arrived.

The most frustrating thing though is the complete lack of communication. I've heard nothing since the first GST audit letter in December!!!

Completely understand the business owners getting upset. But can the IRD please explain why it takes so long to get the employee Proof of Earnings out to PAYE tax payers. In these days of electronic returns you'd have to suspect that any delay is merely an attempt by IRD to hold on to tax payers funds at 0% interest.
Will the Minister please get some accountability back into the troughs of govt!

According to the stats provided refunds 98% of GST refunds are processed in 3 weeks. The above are obviously the 2% making suspect claims that require review.

Heard a rumour from a source at the IRD that they are being told to hang onto any income tax refunds over $5k for at least 10 weeks (the IRD's policy is to assess tax returns within 6 to 10 weeks).

Wonder how long it takes them to assess a return that has tax owing.

The most difficult scenario for any business is witholding tax payments to contractors. All year long they collect 15% against your contracts, pre-deducted before you receive your final invoiced payment. This effectively cripples your operating margin by up to 40%, i.e. you only get 19% of a typical 34% margin to operate on. Needless to say, you go backwards because the cashflow is strangled, and it ends up being negative because you have difficulties paying taxes on time. Then of course you receive nasty penalties. And finally, the WT collected in the previous financial year is not released until ... September of the following year! By that stage (6 months later), the anticipated and desperately needed return of your companies 40% profit dwindles because it is transferred to taxation arrears. So don't believe the IRD .. many businesses in NZ are struggling to receive returns on time, and the reason is because they can make MORE MONEY doing it!

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