6 Sept 2007
CH'ELLE PROPERTIES (NZ) LIMITED V COMMISSIONER OF INLAND REVENUE SC 46/2007
- Citation
- SC 46/2007
- Court
- Supreme Court
Leave to appeal dismissed because the arrangement fell within s 76 as tax avoidance: the statutory definition of "tax advantage" encompassed refunds, the Taxation Review Authority made findings that the taxpayer intended to defeat the Act and that the arrangement was commercially inexplicable absent the refunds, and those findings justified the conclusion that the scheme was void under s 76.