The
attached article reinforces previous concerns in respect of
the 2003 change from Unacceptable Interpretation to Unacceptable
tax Position. In our view IRD should support legislative change
as a matter of urgency, and in the interim encouraging a more
lenient application by its staff. At a minimum temporary shortfalls
must be removed from this regime, and there must be no penalty
where a taxpayer has voluntarily disclosed an error. If it does
not do so, then IRD is treating the penalties regime as a revenue
gathering mechanism and in direct contradiction to the original
design.
This submission also makes reference to problems with the IRD
disputes regime, and also to IRD procedures where the tax legislation
has unintended impact on taxpayers
This
paper was prepared jointly with Richard Philp and Mark Bell of
Inland Revenue, and presented at the LexisNexis Professional Development
conference for Corporate Accountants The Inaugural
Accountants Update on 19 September 2003. Republished
by permission of LexisNexis and the authors.