06 October 2014

Tax: Accountants First Ltd v. Inland Revenue

Wellington accounting firm Accountants First Ltd has been removed from the list of Inland Revenue approved tax agents after convictions for tax evasion.
Owned by Mr Imran Kamal and his wife, Accountants First has been in business since 2005.  The High Court was told that through 2006-2008 Mr Kamal was implicated in a tax scheme involving use of false invoices raised for non-existence IT services.  These invoices were used to support fraudulent GST claims.   The fraud came to light following criminal prosecutions against promoters of the false invoicing scheme: a Mr Anderson and a Mr Gilchrist.
In December 2011, ten months after Inland Revenue had commenced a tax investigation into both Accountants First and Mr Kamal, he elected to make a voluntary disclosure to Inland Revenue, arranging to repay tax due with interest and penalties.   Tax evaded by Accountants First totalled some $55,700.
In February 2013, Mr Kamal was sentenced to three months home detention and 150 hours community work after conviction on six counts of tax evasion.  Accountants First was convicted and discharged.
Accountants First challenged Inland Revenue’s decision to remove it from the list of approved tax agents.  Status as an approved tax agent gives considerable commercial advantages to tax accountants.  With client approval they have online access to client information at Inland Revenue.  This speeds up tax work, improving business efficiency. Evidence was given that Accountants First currently employs up to ten staff and handles about 1100 clients.
Justice Collins ruled that Inland Revenue followed the correct procedure: it had provided reasons and it had given Accountants First a chance to respond.
Inland Revenue said convictions for tax evasion were evidence of behaviour that undermined the integrity of the tax system.  Retaining Accountants First on the list of approved tax agents would undermine confidence in the system.
Pleas by Mr Kamal that he was remorseful and would be unlikely to offend again were prejudiced by his later behaviour when seeking name suppression on grounds that publicity would affect his wife’s health.  Evidence was given that Mr Kamal filed an affidavit stating that his wife was taken by ambulance to hospital following an overdose of sleeping pills.  Inquiries revealed there was no evidence of Mrs Kamal being at the hospital on the day in question.  When challenged, Mr Kamal stated he had taken his wife to the hospital, but they left without seeing anyone.
Accountants First Ltd v. Inland Revenue – High Court (6.10.14)

14.045