Chapman Tripp


Chapman Tripp

News and Events

Tax Avoidance: "Parliamentary contemplation" a.k.a the judicial sniff test?

Auckland 17 August, Wellington 18 August, Christchurch 19 August

If tax planning was a game, pitting the might of the Commissioner of Inland Revenue against the ingenuity of taxpayers, then Associate Judge Bell aptly summarised the current score in his 9 July judgement: "…the tide is running strongly in favour of the Commissioner of Inland Revenue on tax avoidance litigation." (DT United Kingdom Ltd v C of IR HC CIV-2009-4040-005580, 9 July 2010).
 
In fact, following the landmark case of Ben Nevis v CIR (2009) 24 NZTC 23,188 (the infamous Trinity case) the score is running 10 – 1 to the Commissioner of Inland Revenue.
 
What is emerging from the case law is a sea-change in the judicial attitude towards tax avoidance, and potentially a shift in the boundary line between legitimate tax planning and impermissible tax avoidance.
 
In addition to summarising the recent high profile cases in the area of tax avoidance, this seminar will discuss:
 
  • whether the general anti-avoidance rule has been reduced to a judicial sniff test
  • how to assess tax avoidance risk associated with a transaction
  • common transactions – do they cross the line?
  • what types of transactions may be targeted next, and
  • what you can do to protect yourself from costly disputes with the IRD.

Presenters
Auckland- 
Craig Elliffe and Jess Cameron
Wellington - Craig Elliffe and Jess Cameron
Christchurch - Casey Plunket and Jess Cameron

Auckland
Level 35, 23 Albert Street

Date:
Tuesday 17 August 2010
Time:
Light lunch 12:30pm
Seminar 1:00-2:00pm

Wellington
Level 17, 10 Customhouse Quay
Date:
Wednesday 18 August 2010
Time:
Light lunch 12:30pm
Seminar 1:00-2:00pm

Chrischurch
Crowne Plaza Hotel, Kilmore & Durham Streets
Date:
Thursday 19 August 2010
Time:
Seminar 5:30 - 6:30pm
Light refreshments 6:30 - 7:00pm

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Related people

Craig Elliffe

Craig Elliffe

Consultant
Casey Plunket

Casey Plunket

Partner
Jess Cameron

Jess Cameron

Senior Solicitor

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Tax