A note on a case involving imposition of penalties for a mistaken failure by an employer to account to the Inland Revenue Department for Pay As You Earn or PAYE deductions from employee remuneration. Instead the sole shareholder/director of the company paid it in a lump sum at the end of the...

Rank Xerox (NZ) Ltd. v. Commissioner of Inland Revenue (1983) 6 NZTC 61,501 held that receipts from sales of goods sold that were previously hired were assessable as income, at least in the present case. The court declined to decide the exact level of the profit, instead expressing hope the...

Dunnenberger v Commissioner of Inland Revenue (1982) 5 NZTC 61,299; 5 TRNZ 835 (HC) involved the application of the assets accretion method of tax assessment. Bisson J adopted the gloss in Omihi Lime Co Ltd v Commissioner of Inland Revenue [1964] NZLR 731 in the assets accretion context to mean...

A consideration of section 108 of the Income Tax Act 1976 and the manner in which it deals with repairs and alterations. The article also examines the issue of maintenance, which is not mentioned in the section except for its inclusion in an erroneous title. In Auckland Trotting Club v CIR...

The objector in Anzamco Ltd v Commissioner of Inland Revenue (1983) 6 NZTC 61,522 was a company that had bought and developed a farm and sold it at a significantly higher price. The Commissioner taxed the profits under paragraphs 67(4)(a) and (e) of the Income Tax Act 1976. The court allowed the...

Section 99 of the Income Tax Act 1976 provides that agreements purporting to alter the incidence of tax shall be void against the Commissioner for tax purposes. Tayles & Tayles v Commissioner of Inland Revenue [1982] 2 NZLR 726 involved a complex arrangement of trusts and partnerships. The...

The question in Sanders v Commissioner of Inland Revenue (1982) 5 NZTC 61,380 was whether two gifts, seemingly made in different years, were actually given within twelve months of each other and were thus liable for gift duty. The court applied the rule that a gift is complete when the donor has...

A comment on the case of New Zealand Refining Co. Ltd v Commissioner of Inland Revenue (1982) 5 NZTC 61,176, which focused on the meaning of the word “plant” as used in section 117A of the Land and Income Tax Act 1954. The section had no successor in the Income Tax Act 1976 but the court's...

The applicant in United Fisheries Ltd v. Commissioner of Inland Revenue (1982) 5 NZTC 61,572 paid his full tax as assessed but successfully appealed to the Taxation Review Authority against the decision of the Commissioner to disallow certain export incentives. The Commissioner appealed to the...

In Simpson v. Commissioner of Inland Revenue (1982) 5 NZTC 61,231 the objector was a traffic officer whose employer had changed from a local authority to the Ministry of Transport. Upon the cessation of his contract with the local authority he was given a lump sum gratuity. He then signed a new...