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2007 media releases

Scott Anderson bankrupted for unpaid debt of $13 million
18 June 2007

Scott Crawford Anderson was bankrupted today for unpaid tax debts of $13,756,234.76.

Mr Anderson was involved in promoting the Actonz Scheme during the 1990s, which was ruled to be tax avoidance in the case of Erris Promotions Limited & Ors v Commissioner of Inland Revenue in 2003.

The bankruptcy was adjudicated by Associate Justice Gendall in the Wellington High Court.

After the adjudication, Inland Revenue Manager of National Collections Enforcement, Graham Pomeroy, said that most taxpayers meet their obligations of their own accord. "Occasionally some taxpayers choose not to do so. If they fail to meet their obligations, we need to ensure that appropriate action is taken and, in some situations, this will include the bankruptcy of individuals who have unpaid tax debts.''

Actonz Management Ltd purported to purchase six software packages at the end of 1996 for $685 million. A large number of investors took part in a joint venture and claimed depreciation losses in their tax returns from this purported $685 million purchase. The total depreciation involved was 33% of $685 million, or about $226 million.

The Inland Revenue investigation began in late 1998. The Commissioner of Inland Revenue disallowed the claims of the Actonz investors and imposed penalties.  Penalties for tax avoidance are 100% of the tax owing.

In November 2003, Justice Ronald Young upheld Inland Revenue's claims in all respects. He held that three of the six purported transactions were shams, in that the software did not exist or the people from whom the packages were purportedly bought did not own them. He held that depreciation claims were available for only $6.00 (Editors: $6.00 is correct), not $685 million, and that the transactions constituted a tax avoidance scheme.

Four hundred and twenty-two investors were involved. Of these 66 decided not to claim the purported tax advantages, and another 36 settled before the case went to court.  Inland Revenue has since finalised settlements with nearly all of the 310 remaining investors.

 

Ends

For further information contact:

Adrienne Perry

Senior Media Advisor

Inland Revenue

04 890 1698

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Corporate Affairs
Inland Revenue

To make a media query:
Phone 04 890 1698 or email mediaqueries@ird.govt.nz
Please note, the email address is only for enquiries from the news media. It is monitored during normal business hours 8am - 5pm Monday to Friday.

P O Box 2198
Wellington 6140
New Zealand


Date published: 18 Jun 2007

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