This paper discusses the growing importance of income tax law, the corresponding increase in tax avoidance, and the different perspectives on tax avoidance. A brief history of income tax is given, and an analysis of the competing objectives of an income tax system, its inherent problems, and the...

This article considers the impact of economic and accounting principles on the current tax regime, and the influence these principles may have on future changes in income tax laws. It analyses the differing definitions, purposes and principles of the three fields, and their efficiency of...

The Land and Income Tax Act 1954 was interpreted by the courts to provide a uniquely favorable tax status being granted to employee fringe benefits. The term "fringe benefit" describes those benefits passed by an employer to an employee other than the payment of wages and salaries. Tax Free...

In his observations on countering tax avoidance, Sir Ivor concludes that a clearly formulated, well understood and workable general anti-avoidance provision is an essential feature of a modern income tax system. But it is not the peg on which the whole system should rest. The practical answer...

This short piece constitutes the forward to a collection of essays entitled Taxation Issues in the Twenty-First Century. In commending the work of the contributors, Sir Ivor highlights the complexity of the New Zealand tax system, the recent changes to the system, and the importance of learning...

Prompted by a substantial growth in the number of New Zealand tax cases, this article explores some of the practical difficulties arising under a section of the Land and Income Tax Act 1954 which, at the time of writing, was yet to be judicially considered. Section 98(4) of the Act allowed for...

The paper focuses on two questions. First, in what circumstances have New Zealand courts exercising statutory powers deferred final judgment so as to allow time for the Legislature to enact any modifying legislation and how have the Executive and Legislature responded? Second, where the focus is...

The deductibility of interest was previously governed by s 112(g) of the Land and Income Tax Act 1954, which provided that no deduction could be made in respect of interest, except so far as it was payable on capital employed in the production of assessable income (cf. section DA1 of the Income...

The article explores the legacy of British tax concepts on the development of New Zealand tax laws. After an historical sketch of the legislation leading through to the total rewrite of income tax law in plain English user-friendly style in the Income Tax Act 2007, the article charts the moves...

This paper sets out the cases concerning tax and estate planning decided between 1973 and 1975 and considered to be of most significance for accountants and lawyers. For each case, the relevant sections of the Land and Income Tax Act 1954, a summary of the facts and the court's decision, and a...