24 Oct 2019
DOWDEN v COMMISSIONER OF INLAND REVENUE [2019] NZHC 2729
- Citation
- (2019) 29 NZTC 24
- Court
- High Court
The TRA's primary factual finding that the appellant continued to carry on the Safeguard business was open on the evidence (licences, bank accounts, invoices, staff understanding, sale documents); accordingly appellant was liable for the assessed PAYE, income tax and GST. The Commissioner was not time-barred under s108 and s108A TAA because the returns omitted assessable income and were fraudulent or wilfully misleading and the appellant knowingly failed to disclose material facts, permitting amendment of assessments beyond four years.
- Paye liability
- Income tax assessment
- Gst assessment
- Limitation periods (s108, s108a taa)
- Fraudulent/wilfully misleading returns
- Failure to disclose material facts