29 November 2017

Tax: R. Malu

First ever.  A taxpayer was discharged without conviction after pleading guilty to tax evasion.  Apineru Kerenise Malu completed 220 hours of voluntary community work and saved $6200 towards unpaid tax before being discharged without conviction and ordered to pay another $26,200 by instalments towards tax evaded of $178,000.
Inland Revenue appealed.  This was a very generous sentence, said the Court of Appeal, while dismissing the appeal.  Government legal advisers could find no previous example of a taxpayer being discharged after pleading guilty to tax evasion.             
The Court was told Mr Malu was previously self-employed as a marketing consultant.  He failed to file income tax and GST returns for over four years.  Cultural expectations were the reason, he explained.  On his father’s death in Samoa he assumed the responsibilities of matai for his extended family.  Tax payments were diverted to meet cultural obligations.  He did belatedly file the necessary tax returns.  This crystallised the extent of his default.  It was open to the trial judge to grant a discharge on the evidence before him, the Court of Appeal ruled.  Mr Malu was genuinely remorseful.  He now had employment in the state sector.  He would lose his job and future career prospects if convicted.  He had evidenced a commitment to paying all tax arrears while continuing to support his extended family.
R. v. Malu – Court of Appeal (29.11.17)

18.014