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The Citigroup Case and Avoidance Cases in New Zealand

Published on 08 Sep 2010 | Took place at RACV Club, Melbourne , VIC

The Federal Court has recently issued its judgment in the Citigroup Part IVA case. This event reviewed this case and considered where it sits in Part IVA case law to date.

This event also considered the approach of Edmonds J in Citigroup and that of Wild J and Harrison J in the New Zealand cases involving BNZ Investments and Westpac Banking Corporation respectively which dealt with similar transactions to the transaction considered in Citigroup. This event compared and contrasted the approaches of the Courts to these transactions, highlighting the differences between Part IVA and the New Zealand anti-avoidance provisions.

For taxpayers engaged in or considering business in New Zealand, this event also touched on New Zealand avoidance cases generally and the tax climate in New Zealand.

This event was part of the Corporate Tax Club.

Individual sessions

The Citigroup case and avoidance cases in New Zealand

Author(s):  Joanne DUNNE This presentation covers:

  • the Citigroup case:
    • overview of facts and holdings
    • Part IVA case law - Any new ground?
    • other recent 2010 Part IVA cases
      • News Australia Holdings
      • Trail Bros
      • Futuris Corporation
    • summary of developments following recent Part IVA cases
  • recent New Zealand cases:
    • a changed environment - recent cases
      • Ben Nevis
      • Westpac and BNZ*
      • Penny & Hooper
    • effect on business in New Zealand
  • comparison & conclusions.
Materials from this session: