24 Aug 2016
HENDERSON v COMMISSIONER OF INLAND REVENUE [2016] NZHC 1987
- Citation
- [2016] NZHC 1987
- Court
- High Court
s76 IA did not apply because the TRA proceedings were not proceedings to recover a provable debt; assessments are valid under s109 TAA; on the merits the TRA correctly found the relevant series of transactions constituted an arrangement under s61 GST Act whose effect stripped the companies of assets leaving them unable to meet GST liabilities, an objective purpose of the arrangement was to defeat payment of tax, and the director could have anticipated the $1.7M GST liability, so the appellant was properly assessed and the appeal is dismissed.