Criminal Law, Tax Evasion, Shams, and Tax Avoidance: Part I – Tax Evasion and General Doctrines of Criminal Law
John Prebble QC
Victoria University of Wellington - Faculty of Law; Institut für Österreichisches und Internationales Steuerrecht, Wirtschaftsuniversität Wien; University of Notre Dame Australia - School of Law
New Zealand Journal of Taxation Law and Policy, Vol. 2, pp. 3-16, 1996
Victoria University of Wellington Legal Research Paper No. 12/2012
Tax evasion is where a taxpayer declares a smaller income in his or her return, by mistake or by fraud. Evasion can be either innocent or fraudulent. Innocent evasion may lead to reassessment, fraudulent may lead to criminal prosecution as well as reassessment. Evasion is addressed in the Tax Administration Act 1994; and serious cases can be penalised under the Crimes Act 1961 section 229A(b). Avoidance is where taxpayers construct their affairs so as to minimise tax or maximise deductions. The Income Tax Act 1994 sets out a statutory anti-avoidance rule. Some cases of tax avoidance may also amount to evasion.
Number of Pages in PDF File: 17
Keywords: Income Tax, Income Tax Act 1994, Tax Evasion, Tax Avoidance, Tax Mitigation, Fraudulent Evasion, Innocent Evasion, Shams, Criminal Law, Crimes Act 1961
JEL Classification: K34
Date posted: May 13, 2010 ; Last revised: April 13, 2015
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