07 September 2012

Tax: Tauber v. Inland Revenue


The Court of Appeal has dismissed challenges to search warrants obtained by Inland Revenue for access to private homes of people behind the Honk Group of companies.  Tax investigations allege tax avoidance and false tax returns. 
Inland Revenue must get a search warrant before entering the private home of any taxpayer.  Warrants were obtained to search the homes of David Andrew Tauber and Paul Nigel Webb, entrepreneurs behind the Honk group of companies and also the home of Maree Anne Bockett, a chartered accountant acting as tax agent for the Honk group through her company MB Accountants Ltd.
They argued the warrants were invalid because Inland Revenue had “over-egged the pudding” when applying for the warrants by presenting misleading information and overstating any alleged wrongdoing by the taxpayers.  The Court ruled that even if such flawed information was stripped out of the warrant application there were still grounds for issuing the search warrants.
The Court was told the tax investigation has been underway since 2008.  There had been extensive delays in providing information requested by Inland Revenue.  There were doubts as to the completeness of information provided. 
Inland Revenue was running up against statutory deadlines for issuing tax assessments and suspected the taxpayers were exploiting delays as a deliberate strategy.
Files seized had been embargoed while validity of the search warrants was argued in court.  The Court of Appeal ruled that Inland Revenue could use the information seized.  Honk Airport Trustees Ltd and Honk Land Trustees Ltd, two companies in the Honk group, are already involved in disputes before the Taxation Review Authority.  Inland Revenue said it took special care in both planning the investigation and carrying out the search and seizure to ensure it did not take any documents relevant to this litigation.
Tauber v. Inland Revenue – Court of Appeal (7.09.12)
12.042