31 March 2017

Tax: Inland Revenue v. Wilson

The High Court has no power to unilaterally approve taxpayer offers of a deal over tax arrears without Inland Revenue first agreeing.
Inland Revenue successfully appealed a High Court order allowing Rotorua car dealer Ronald Maxwell Wilson resist bankruptcy by paying $150,000 over five years supposedly in full settlement of tax arrears.  He made this offer when faced with a bankruptcy notice in the High Court; a precursor to bankruptcy.  The High Court was sympathetic, expressing the view this would see Inland Revenue paid in full.
The Court of Appeal was told it was not that simple.  In fact, Mr Wilson at that time had tax arrears totalling some $225,000 for unpaid income tax, child support, GST and penalties for late payment.  Inland Revenue turned down previous offers to pay arrears by instalments.  It said figures presented by Mr Wilson left him and his wife with only $585 per month to live on after making promised instalment payments.  Suggestions of raising a loan to make payments lacked evidence of how such a loan could be repaid.  The integrity of the tax system required firm action be taken against those not complying, Inland Revenue said.  Bankruptcy sent this message.
Creditors have a say under the Insolvency Act when deals are on offer.  A creditor may agree to withdraw a bankruptcy notice in return for a favourable offer of payment.  Or creditors collectively may vote on a proposal for debts to be reduced or payment terms extended. 
Inland Revenue v. Wilson – Court of Appeal (31.3.17)

17.030