14 November 2014

Tax: Beacham v. Inland Revenue

A Hawkes Bay medical practitioner with a passion for restoring classic cars was hit with tax penalties after being held liable for tax avoidance. Together with his wife, they were found to have underpaid tax by some $674,000 on undeclared income of $1.7 million.  The High Court upheld Inland Revenue penalties at fifty per cent of the unpaid tax.
The court was told Dr Beacham transferred his medical practice in 1996 to a company later called Beacham Holdings.  Expenses for both his medical practice and his car restoration business were booked through the company.  The medical practice was profitable; the restoration business not.  Personal living expenses were also charged to the company.  Evidence was given that Dr Beacham’s drawings and expenses charged to the company had reached $1.07 million by November 2006.  In the 2007 year, Beacham Holdings declared taxable income of some $558,000 but was sitting on retained profits of about $1.8 million – a sum taxable if declared as a dividend.  A tax consultant suggested some corporate restructuring to get rid of the contingent tax liability.  This was implemented.  A shell company was formed with Dr and Mrs Beacham as 50/50 shareholders.  The shell company purchased their shareholding in Beacham Holdings for $1.8 million.  To pay for the shares, a series of accounting entries were used to have the shell company’s liability to pay Dr and Mrs Beacham for the shares set off against the Beachams’ overdrawn current account of $1.07 million with Beacham Holdings.  The end result saw the Beachams’ potential tax liability arising from the overdrawn current account in Beacham Holdings converted tax free into a capital investment in the new shell company.
The Taxation Review Authority upheld Inland Revenue’s view that this corporate restructuring was tax avoidance and that the $1.7 million credit generated against their overdrawn current account was taxable as a deemed dividend.  The High Court upheld Inland Revenue’s assessment of tax payable at some $674,000 with penalties at fifty per cent.
The High Court was told the Beachams are taking legal action against their tax consultants: Markhams and Tax Assist Ltd.
Beacham v. Inland Revenue – High Court (14.11.14)
14.052