Asset Stripping Rules
This article looks at the operation of s HD 15, which is an anti-asset-stripping rule in the tax legislation.
Articles
James Coleman has written extensively on the tax area and currently writes a regular column on tax in the New Zealand Law Journal and in Taxation Today. He is also an author for Brookers SMART tax.
The Fight Against Global Tax Evasion
The tax landscape is such that revenue authorities are increasingly exchanging information about private individuals with revenue authorities in foreign states.
Associated Persons in the GST Context
There have been two cases in the last year or so that have looked at the issue of association in a GST context.
CIR v Trustpower Limited Review of Court of Appeal’s Decision
James Coleman, Barrister, Wellington on Trustpower’s journey to the Supreme Court
NRWT Changes Mooted by IRD Officials
In May 2015 officials released an issues paper with respect to New Zealand’s non-resident withholding tax (NRWT) rules. The paper proposes changes to deal with perceived deficiencies in the rules particularly with respect to related party cross-border transactions.
Taxation of complex employment remuneration
This article explores the exposure draft released by Inland Revenue relating to the taxation of employee’s remuneration in complex remuneration situations.
The position of victims of fraud
This article looks at the case of HC Services Ltd v Commissioner of Inland Revenue [2014] NZHC 1169, (2014) 26 NZTC 21,071. The case exposes a conceptual error in the legal logic of the taxpayer’s case and sets out clearly the relationship fraud has to the creation of legal rights and obligations generally and the application of the general anti-avoidance provision in particular. The article explores the options of the victim.
BEP and Tax Avoidance - Government looks for more revenue
This article looks at the international developments seeking to address the erosion of the tax base and at other moves being made by Government to increase revenue.
Tax and Crime
This article looks at the issues surrounding defense of allegations of tax crimes by Inland Revenue and how allegations of tax crimes intersect with civil recovery actions and the proceeds of crime Act.
Black Hole Expenditure
This article looks at the issue of black hole expenditure and asks whether the latest moves by Government effectively address the issue.