19 June 2015

Tax: Inland Revenue v. Trustpower

Obtaining resource consents for new electricity generation is a capital cost the Court of Appeal ruled in a successful Inland Revenue appeal challenging Trustpower’s tax accounts.  This will cost Trustpower over $15 million dollars for a decade of tax arrears according to Trustpower’s latest annual report.   
Inland Revenue challenged Trustpower’s tax treatment of $6.56 million incurred in the 2006-2008 tax years as the cost of obtaining land use consents, water permits and water discharge permits for four possible new generation projects in the South Island: two hydro (at Arnold and Wairau) and two wind farms (at Kaiwera Downs and Mahinerangi).  Trustpower said these costs were incurred as part of its feasibility studies into future projects and should be written off as an expense in the year incurred.  Inland Revenue assessed the disputed expenditure as capital costs, to be depreciated over the life of the asset.
The Court of Appeal ruled resource consents are inherently capital in nature.  They are valuable rights, part of long term future capital works.  It did not matter that Trustpower had not committed to using these resource consents by starting construction.
Trustpower’s 2015 annual report disclosed that an adverse Court of Appeal ruling would likely require the company to pay tax arrears of $15.2 million for the ten tax years 2006-2015: $10.5 million tax arrears and $4.7 million interest.
The Court of Appeal also ordered Trustpower to repay a costs award made in its favour in the High Court.  This requires Trustpower to pay Inland Revenue a further $1.17 million.
Inland Revenue v. Trustpower – Court of Appeal (19.06.15)

15.069