7 Dec 2012
VINELIGHT NOMINEES LIMITED V COMMISSIONER OF INLAND REVENUE HC AK CIV-2011-404-5457
- Citation
- openlaw-7d22c6bf_0dc8_4615_a5b8_817f661e0b38.pdf
- Court
- High Court
Court upheld Authority: factual matrix showed Weyand's centre of management was in New Zealand, making it resident; VNL was not entitled to relief under s NF5 because conclusions were not on reasonable grounds; post‑October 2003 steps to access the AIL regime formed an arrangement whose dominant purpose and effect was to avoid withholding tax and thus was a tax avoidance arrangement void against the Commissioner under BG1; Commissioner entitled to counteract by reconstructing tax consequences under GB1; s108 time‑bar did not preclude RWT assessments because AIL returns are distinct from RWT r…