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Supreme Court of New Zealand Wellington
SC 59/2007; [2008] NZSC 116
8, 9, 10 July; 19 December 2008
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
SC 59/2007; [2008] NZSC 116
8, 9, 10 July; 19 December 2008
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
Revenue — Goods and services tax — General anti-avoidance rule — Scope of section — Whether subjective intentions of parties relevant — “Purpose or effect” — Whether transaction commercially realistic — Whether any genuine prospect of full payment being made — Goods and Services Tax Act 1985, s 76.
Revenue — General anti-avoidance rule — Goods and services tax — Scope of section — Whether subjective intentions of parties relevant — “Purpose or effect” — Whether transaction commercially realistic — Whether any genuine prospect of full payment being made — Goods and Services Tax Act 1985, s 76.
Revenue — Administration — Reconstruction — Discretion of Commissioner — Whether exercise of discretion open to challenge — Goods and Services Tax Act 1985, s 76.