New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

De-registration

  • 10 May 2012

    THOMPSON v THE COMMISSIONER OF INLAND REVENUE SC 52/2011

    Citation
    THOMPSON v THE COMMISSIONER OF INLAND REVENUE SC 52/2011
    Court
    Supreme Court

    For s52 de-registration the Commissioner must be objectively satisfied that taxable supplies in the 12 months following the proposed cancellation will not exceed the registration threshold; supplies from asset disposals in connection with termination of the taxable activity that are contemplated or likely within that period must be included in the assessment (the narrower 'planned' requirement is rejected); applying that test to the facts, the appellant could not establish entitlement to de-register and was liable for output tax on the relevant land sales; appeal dismissed.

  • 21 Aug 2009

    THOMPSON V THE COMMISSIONER OF INLAND REVENUE HC NEL CIV 2004-442-571

    Citation
    openlaw-4311616d_8cc6_4224_8780_4519e4cc4d79.pdf
    Court
    High Court

    The Court held that the Commissioner was entitled to remake the de-registration decision where he was not fully informed; the sale to Horsbrugh was "planned" by 30 November 1999 and the first sale to Armagh was effected in the registered period, so output tax is payable on those transactions at the contract prices; the remaining land was dealt with after de-registration and is a deemed supply under s 5(3) to be valued under s 10(8) at the apportioned original cost (one-ninth), therefore the assessment to 31 July 2000 must be amended to include the two actual sales and the deemed disposal at c…