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Synopsis

This authoritative text by James Coleman discusses New Zealand jurisprudence on the general anti-avoidance provision. It will enable practitioners to comply with the provision with increased confidence and predict with greater certainty when it applies. The book includes detailed coverage of the Supreme Court judgment in Ben Nevis Forestry Ventures Ltd v C of IR, which is the first decision by that court on the application of the general anti-avoidance provision. Tax Avoidance Law in New Zealand deals with the tests for what constitutes tax avoidance in the light of that judgment. It also deals with the interrelationship between the specific provisions of the Income Tax Act and the general anti-avoidance provision, the relationship between the general anti-avoidance provision and specific anti-avoidance provisions, and the concept of sham. James Coleman is a barrister specialising in tax disputes and opinion work. He has over 16 years' experience as a tax advocate, and has appeared in a large number of the leading tax cases, including five Privy Council cases. He also lectures at the University of Auckland on tax avoidance law as part of the Master of Taxation Studies course.

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