AB Limited and Y Z Limited v Commissioner of Inland Revenue
The disputants, AB Limited ("ABL") and Y Z Limited ("YZL") were parties to tax arrangements known as the Russell template devised by the late John George Russell. The Commissioner of Inland Revenue ("the Commissioner") issued a refusal notice to each disputant under s 89K(4) of the Tax Administration Act 1994 ("the TAA'') refusing to accept late notices of proposed adjustment ("NOPAs") as having been given within the applicable response period under Part 4A of the TAA. Both disputants have issued proceedings challenging the Commissioner's decision and the proceeded on the basis that the challenges are viewed as test cases for claims by other companies in the Russell template.
Tax Administration Act 1994, s 89K(4)
TRA 002/19 and TRA006/19  NZTRA 1