New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Tax administration act provisions

Legal area

Court

27 Apr 2016

THE COMMISSIONER OF INLAND REVENUE v SAMS BAY HOLDINGS LIMITED [2016] NZHC 815

Citation

[2016] NZHC 815
Court

High Court

Sams Bay admitted liability for the May and July 2015 GST assessments, had no other realisable assets, failed to comply with the statutory demand thereby triggering the presumption of inability to pay, the claimed interest and civil penalties were recoverable under the TAA and not properly challenged, and no exceptional factors existed to justify withholding a liquidation order; accordingly the Court ordered liquidation and appointed liquidators.
16 Dec 2015

THE COMMISSIONER OF INLAND REVENUE v CIT HOLDINGS LIMITED [2015] NZHC 3207 [16 December 2015]

Citation

[2015] NZHC 3207
Court

High Court

Leave to file a statement of defence was refused because service was properly effected at the recorded registered office, CIT failed to demonstrate procedural impropriety by the Commissioner in the disputes process or an arguable defence undermining the assessment, CIT had previously acknowledged tax shortfalls and provided voluntary disclosure, the belated PWC opinion was uninformative and too late, and CIT did not show lack of prejudice to the Commissioner or evidence of solvency to justify indulgence.