New Zealand Case Law: Decisions & Judgments | LexChat

Topic

General anti-avoidance

Legal area

Court

10 Mar 2017

HONK LAND TRUSTEES LIMITED v COMMISSIONER OF INLAND REVENUE [2017] NZCA 54 [10 March 2017]

Citation

[2017] NZCA 54
Court

Court of Appeal

HLT failed to prove that HLL provided identifiable management services to the trust and therefore there was no required nexus for a deduction under s BD 2; alternatively, the fees were a contrived device to eliminate the trust's tax and constituted a tax avoidance arrangement under s BG 1, and HLT accordingly took an abusive tax position attracting a 50% shortfall penalty under s 141D TAA.
15 Apr 2008

ANZ NATIONAL BANK LIMITED & ORS V THE COMMISSIONER OF INLAND REVENUE HC WN CIV 2005-485-1037

Citation

openlaw-70e4da02_0d19_42ba_9f93_d8e73aa7d4ca.pdf
Court

High Court

The second cause of action alleging unfairness and abuse of power based on the Karapiro private ruling is untenable and must be struck out because the Karapiro ruling was arrangement specific under the TAA and did not constitute a representation binding the Commissioner to treat separate transactions identically, and ANZ's asserted reliance was unreasonable given the statutory private ruling regime and available internal evidence showing alternative conduct.