New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Registration threshold
  • 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.