CSUM 20/03
Issued
06 May 2020
Decision
29 Apr 2020
Court
NZCA
Appeal Status
Pending

Court of Appeal upholds High Court decision that clarifies when Commissioner’s Notice of Response is due following s 89K decision

The Commissioner’s Notice of Response (“NOR”) was filed within two months of the decision by the Taxation Review Authority that the Commissioner should have accepted the Doug Vesey Trust’s Notice of Proposed Adjustment (“NOPA”) out of time pursuant to s 89K of the Tax Administration Act.  The Court of Appeal upheld the finding of Peters J that the Commissioner’s NOR was filed in time and there was no deemed acceptance of the Trust’s NOPA.

Tax Information Bulletin Vol 32 No 5 June 2020

Case
Peter William Mawhinney as Trustee of the Doug Vesey Trust v Commissioner of Inland Revenue [2020] NZCA 112
Legal terms
Deemed acceptance, Response period

Goods and Services Tax Act 1985
Tax Administration Act 1994, ss 89AB, 89AC, 89D(5), 89H(2), 89K, 138P
Taxation Review Authorities Act 1994, s 26A
Interpretation Act 1999, ss 7, 18