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Technical tax area
Te wahi mo te take hangarau
Technical tax area: Legal decisions - case notes

List of cases

In this section you will find brief notes of decisions made by the Taxation Review Authority, the High Court, Court of Appeal, Privy Council and the Supreme Court. These case notes do not set out Inland Revenue policy, nor do they represent our attitude to the decision.

Cases this year

Title Decision date Case

No exceptional circumstances to allow a challenge outside the response period

19 June 2009

TRA Decision No 12/2009

Director to represent companies in appeal

31 July 2009

Commissioner of Inland Revenue v Chesterfields et al

"Structured finance" transactions are tax avoidance arrangements

15 July 2009

BNZ Investments Limited & Ors v Commissioner of Inland Revenue

Decision to impose section HK 11 disputable

15 July 2009

Commissioner of Inland Revenue v Colin Skudder

Legal expenditure allowed if meets "principal purpose" test

29 July 2009

Commissioner of Inland Revenue v Trustees in the Mangaheia Trust and Trustees in the Te Mata Property Trust

Relitigated decision of the Authority

11 May 2009

TRA No 029/07 Decision 10/2009

Taxpayer should proceed to challenge proceedings when disputing the validity of a Notice of Response

26 June 2009

Commissioner of Inland Revenue v Alam and Begum

Court of Appeal says omission to act can be aiding or abetting

26 June 2009

Neil George Evans v Commissioner of Inland Revenue

High Court considers issue when a dividend is paid

26 May 2009

Commissioner of Inland Revenue v Albany Food Warehouse Ltd

The creation of a trust gives rise to a gift for gift duty purposes

30 April 2009

Begg, Jackson and Jackson v Commissioner of Inland Revenue

Status of Farnsworth and Zentrum decisions remains unclear

13 May 2009

Ben Nevis Forestry Ventures Limited & Ors v Commissioner of Inland Revenue [2009] NZSC 40

Commissioner allowed to continue investigation

8 May 2009

Avowal Administrative Attorneys Ltd & Ors v The District Court at North Shore & The Commissioner of Inland Revenue

Tax advice documents to be discovered

28 April 2009

ANZ National Bank Limited & Others v Commissioner of Inland Revenue

TRA allows deduction for GST input tax on legal services provided in trusts

27 February 2009

TRA Decision Number 06/2009; TRA 67/05 and 70/05

Interlocutory application for stay of liquidation proceedings pending judicial review dismissal

20 April 2009

Berrytime Land Limited and Berrytime Limited v Commissioner of Inland Revenue

Expenditure must be significantly in connection with determination of assessable income

20 April 2009

TRA Decision Number 08/2009, TRA Number 023/2007

Scope of judicial review limited in tax cases

08 April 2009

Westpac v Commissioner of Inland Revenue

Value of gain in kind when calculating FIF income or loss was market value of shares disposed of

13 March 2009

Govind Prasad Saha v Commissioner of Inland Revenue CA 617/2008

The Commissioner is correct not to exercise statutory discretion

24 February 2009

TRA 017/08 Decision 5/2009

Structured finance taxpayer's appeal dismissed

20 February 2009

Westpac Banking Corporation v Commissioner of Inland Revenue

Taxation Review Authority held relocation drivers are independent contractors and not employees

11 February 2009

TRA Decision 4/2009

Time of assessment by Commissioner not seen as justification to uphold judicial review

3 February 2009

Amaltal Fishing Company Limited v Commissioner of Inland Revenue

Template avoidance scheme assessments confirmed

16 January 2009

TRA Decision Number 1/2009

Backdated ACC compensation not double taxed

14 January 2009

TRA Decision Number 03/2009

 

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Case notes by year

2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 

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Note: We are currently converting historical case notes into HTML format. If you are looking for case notes that are not published here you may find them by referring to the Tax Information Bulletin.

 


Date published: 17 Jul 2006

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