dc.contributor.author |
Littlewood, Antony |
en |
dc.date.accessioned |
2019-10-01T20:05:34Z |
en |
dc.date.issued |
2019-06 |
en |
dc.identifier.issn |
0028-8373 |
en |
dc.identifier.uri |
http://hdl.handle.net/2292/48234 |
en |
dc.description.abstract |
According to the Commissioner of Inland Revenue, the aim of the tax avoidance scheme in Cullen Group Ltd v Commissioner of InlandRevenue [2019] NZHC 404 was to reduce the taxpayer company’s liability to tax by $51,500,000. She assessed it to tax on that basis; and Palmer J, in the High Court at Auckland, upheld the assessment. The Commissioner is to be congratulated on her victory, and one hesitates to criticise a litigation strategy that has proved successful. The aim of this brief article, however, is to suggest that the aim of the scheme was actually to reduce the taxpay- er’s liability to tax not by $51,500,000 but by about $103,000,000; and that she should have assessed it to tax on that basis. It is perhaps too late for the Commissioner to advance in this case the argument that leads to this conclusion; but the issue is worth addressing because it has arisen in other cases in the past, it will almost certainly arise again, and significant public revenues are consequently at risk. |
en |
dc.description.uri |
https://catalogue.library.auckland.ac.nz/permalink/f/t37c0t/uoa_alma21134163420002091 |
en |
dc.publisher |
Elsevier |
en |
dc.relation.ispartofseries |
New Zealand Law Journal |
en |
dc.rights |
Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. |
en |
dc.rights.uri |
https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm |
en |
dc.title |
Eric Watson and the Cullen Group Case |
en |
dc.type |
Journal Article |
en |
pubs.issue |
5 |
en |
pubs.begin-page |
165 |
en |
pubs.volume |
2019 |
en |
dc.rights.holder |
Copyright: The author |
en |
pubs.author-url |
https://advance.lexis.com/api/permalink/3c9a9747-0f5c-4f2a-a282-95742ffdd1ee/?context=1230042&federationidp=TZRTHJ54655 |
en |
pubs.end-page |
167 |
en |
dc.rights.accessrights |
http://purl.org/eprint/accessRights/RestrictedAccess |
en |
pubs.subtype |
Article |
en |
pubs.elements-id |
778906 |
en |
pubs.org-id |
Law |
en |
pubs.org-id |
Faculty Administration Law |
en |
pubs.record-created-at-source-date |
2019-08-13 |
en |
pubs.online-publication-date |
2019-06 |
en |