22 April 2016

Tax: Wilson v. Inland Revenue

Faced with bankruptcy at the hands of Inland Revenue, Rotorua car dealer Ronald Maxwell Wilson was given a second chance with the High Court approving payment by instalments over five years of some $150,000 in tax arrears and penalties.
Mr Wilson argued Inland Revenue was being punitive, seeking to bankrupt him on a $17,693 GST debt dating back to 2003.  This GST debt had blown out to $137,303 with interest added for late payment. Little had been done in the interim to enforce the debt, he claimed.  He was willing to pay the debt in full if given time.  Inland Revenue was chasing Mr Wilson for tax payable by his trust: Il Mondo Trust.  The Trust has no assets.  As trustee, Mr Wilson is personally liable for the Trust’s tax obligations.
Inland Revenue said the situation was more complicated than Mr Wilson indicated.  It said he had failed to respond fully to requests for further information and had failed to file Trust tax returns on time.  Beyond the Trust’s tax affairs, Mr Wilson still owed as at March 2016 $46,500 in unpaid personal income tax and $5600 for unpaid child support, Inland Revenue said.  It doubted whether he had sufficient resources to support any promised instalment plan.  Bankruptcy sends a clear message to taxpayers about the need to meet their tax obligations.
Associate judge Christiansen said the offer to make full payment by instalments was generous, given that most applications offer only part-payment in full satisfaction.  He approved an instalment plan wiping all tax debts if Mr Wilson paid $150,000 over five years starting with an upfront payment of $38,000.  The repayment plan can be cancelled and bankruptcy proceedings resumed if even one of the promised instalment payments is not met, he warned.   
Wilson v. Inland Revenue – High Court (22.04.16)

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