Form KS10 at a glance
What it is: Form KS10 (April 2020) is the Opt-out request.
Where and when to file: Send this completed form to: Inland Revenue PO Box 39090 Wellington Mail Centre Lower Hutt 5045. For more information about KiwiSaver call 0800 549 472.
Under the KiwiSaver Act 2006, use this form to opt out if you have been automatically enrolled, are a minor who was incorrectly enrolled, and you don't want to be a member.
Use this form if you are a new employee who wants to opt out of KiwiSaver.
A filled-in Form KS10 example: a new employee opts out on day 20
How to fill out Form KS10, box by box
Your IRD number
Under 1. Your IRD number, enter your IRD number. If you don't know your IRD number or you don't have one, call 0800 549 472.
Your name
Under 2. Your name: Mr, Mrs, Miss, Ms or Other. Put a dash to indicate your title.
Enter your First names and your Surname.
Your postal address
Under 3. Your postal address, enter the Street number, the Street address or PO Box number, the Suburb, box lobby or RD, the Town or city and the Postcode.
Your contact numbers
Under 4. Your contact numbers, enter your Day number and your Mobile number.
Your email address
Under 5. Your email address, enter your email address. If you give an email address you may receive KiwiSaver information by email.
Bank account details
Under 6. Bank account details, enter the Bank, Branch, Account number and Suffix, and the Name of account holder.
Your bank account details are needed so any KiwiSaver funds can be direct credited to your bank account. If you don't have these details, send the form anyway.
I wish to opt out of KiwiSaver
Under 7. I wish to opt out of KiwiSaver, enter the Day, Month and Year, and sign under Signature.
Employer's IRD number
Under 8. Employer's IRD number, enter your employer's IRD number. If you don't have your employer's IRD number ask them for it.
Employer's business name
Under 9. Employer's business name, enter your employer's business name.
Employment start date
Under 10. Employment start date, enter the Day, Month and Year. Give this form to your employer or send it to Inland Revenue.
Late opt-out
In Section C Late opt-out, give a reason for your late opt-out request if your request to opt out is more than eight weeks after you started employment, or you are a minor who was incorrectly enrolled. Read the notes on the back of this form.
More rules for Form KS10
You can't opt out in the first 13 days.
Every time you start new employment, you'll need to opt out again.
If your situation is different
Minors incorrectly enrolled
If you were under 18 and enrolled in KiwiSaver without the consent of a parent or legal guardian, you may be able to opt out with the consent of a legal guardian if you're under 16, or without the consent of a legal guardian if you're between 16 and 18.
Minors incorrectly enrolled: you were enrolled before your 18th birthday without the necessary guardians/parents consent and have not reached your 19th birthday. If you are under 16 years old you will need the consent from a parent or legal guardian to opt out.
Send your completed form confirming the reason you're opting out (Section C), and your parent or legal guardian's written consent (if required) to Inland Revenue. Complete the panel at the bottom of the form with reasons why you can opt out and attach consent from parent or legal guardian if you are under 16.
Inland Revenue will send confirmation as to whether your opt out has been approved or not, and will also advise your employer. If approved your employer will stop deductions. Either Inland Revenue or your employer will refund any deductions that have been made.
Late opt-out request
Late opt-out request: late opt-out applications may be accepted if your employer didn't give you a KiwiSaver information pack within seven days of starting employment.
The same applies if your employer didn't give you an investment statement (for their chosen scheme), events outside your control meant you couldn't give your opt-out application within the eight-week time limit, you chose to opt in or were opted in to KiwiSaver but you did not meet the criteria to (see Employee information pack - KS3 for criteria), or you were incorrectly enrolled under the age of 18.
If you are making a late opt-out application, give this form to your employer, or send it directly to Inland Revenue. Your request can only be considered if it's received by Inland Revenue or your employer within three months from the day Inland Revenue receives your first contribution.
You will be advised if your opt-out request has been accepted or declined.
Penalties
You'll find more information in your Employee information pack - KS3 or by going to ird.govt.nz/kiwisaver. Meeting your tax obligations means giving accurate information so your tax and entitlements under the Acts administered can be assessed. Penalties may be charged if you do not.
Common questions about Form KS10
Is there a deadline?
If you are a new employee, you can opt out on or after day 14 and on or before day 56 of starting new employment. If you were incorrectly enrolled in KiwiSaver under 18 years of age, you can use this form if you have not reached your 19th birthday.
Where do I file it?
Complete the form then, either give this form to your employer so they can stop deductions immediately (for prompt return of your contributions, your employer can direct refund any KiwiSaver deductions they haven't sent to Inland Revenue), or send this form to Inland Revenue.
Sources
[1] Form KS10 (April 2020), Opt-out request, Inland Revenue (the Official source link on this page).