Tax & IRD

Tax litigation and tax disputes

Gina Jansen Lawyers are specialist tax dispute lawyers. We have former Inland Revenue lawyers and tertiary qualified tax dispute experts on our team. We have in-depth knowledge of Inland Revenue processes, legislation and policy. Since 2007 we have successfully negotiated and settled thousands of tax disputes with Inland Revenue, collectively saving our clients millions of dollars, as well as saving them from ruin and insolvency. We are unafraid of robustly asking  questions and holding Inland Revenue accountable under the law.

Our taxpayer clients get to keep trading. Unlike most other tax dispute and tax debt negotiators you find on the internet, we are lawyers so we can easily manage all of your tax dispute and tax debt needs entirely within our firm. You won't incur extra costs by having to engage another lawyer just to appear in Court. We can do that for you too.

So what will we do for you? We will advocate and negotiate for you with Inland Revenue. We will appear in the High Court for bankruptcy and company liquidations. We will appear in the District Court for prosecutions and judgment debt. We will help you to arrange refinance. We will make solid tax debt relief applications under the Tax Administration Act 1994. We will do this fast. Every time.

Getting you back on track and back to business is what we do best. It’s not your business to have to figure this out alone. That’s our business. Let us, as your lawyers, help you. We provide New Zealand wide services for taxpayers. Consult with us.

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IRD Tax Debt

Drowning in Tax Debt?

Do your tax arrears seem to be mind boggling and continuously get higher despite payments? Do you feel that IRD just don't care and don't listen to you? Do you feel like you don’t understand how IRD apply penalties and interest? Do you feel that you are in a black hole and that all your payments are being swallowed up but your tax arrears are not going down, but up?

We get it. And we can help you. Don't lie awake at night worried sick that IRD will shut down your business. Talk to us. We can assess your specific situation and quickly determine what legal options you have. We are very experienced at dealing with Inland Revenue staff and legislation. So don’t struggle on your own any longer. Don’t drown in your tax debt. Consult with us.

Got tax debt? We do the negotiations for you.

Gina Jansen Lawyers  are professional tax negotiators, resulting in full and final settlement deals for individuals (sole traders/partnerships/trustees) and corporate businesses (companies/limited partnerships/trading trusts). Not only are we tertiary qualified in tax, we are lawyers who practice litigation (court) and conveyancing (property) and we have worked in the tax dispute legislation arena for 20 plus years. We have seen first hand the anxiety and pressures that keep our clients awake at night.  We have also seen how happy our clients are when we close a deal for them with Inland Revenue.  

Gina Jansen Lawyers will represent you in negotiating a settlement with Inland Revenue, which means we do all the talking for you. Try as you might to forget about it, sadly tax debts don't go away, that just get worse, until you do something.  The sooner you call us, the sooner we can achieve that magnificent result you have only dreamed about. Even in the most challenging, difficult and seemingly hopeless cases, we get results.  Don’t delay. Consult with us.

Tax Debt Relief

Many people don’t know that the Tax Administration Act enables Inland Revenue to grant tax relief to taxpayers in certain circumstances.  What does this mean? Potentially it can mean write-offs and repayment arrangements over time that allows your business to keep trading.

However if you don’t ask, you won’t get. And Inland Revenue aren’t likely to encourage you,  Instead the legislation puts the onus on you, the taxpayer to seek professional help and advise you of your rights and obligations. That’s where we come in.  Gina Jansen Lawyers are tax dispute experts. This is a very complex area of law that many lawyers won’t touch. Let us help you by guiding you through the tax laws, act on your behalf and get the best outcome possible and keep you in business.

Tax Audits & Investigations

IRD Tax Audit Notice – What do I do now?!

So you have just received an audit notice from Inland Revenue. What do you do now? An audit is where Inland Revenue has a legislative right to investigate the financial side of your business and determine if your business has been paying the correct amount of taxes. Tax audits are very stressful and notice of one should not be ignored. This is the time you need experienced tax dispute lawyers and chartered accountants at your side. Inland Revenue have wide ranging powers to obtain information from you, about you (including from your Bank and others), alongside powers to seize and examine property (eg, your computers) and search your business premises. It is extremely important you know your legal rights, and the process involved, and have strong legal representation from the outset. Irreversible damage can be done to your case early on in the audit process and depending on what Inland Revenue want to do with the information they obtain: audit, impose penalties for tax evasion or avoidance, prosecute you, liquidate your company, bankrupt you.

How is a tax audit carried out?

A simple tax audit may need only one visit while others will be ongoing and it all depends on the complexity of your business, your record keeping and accounting practices and what advice you obtain.

It’s hard not to, but don’t panic! We help you to survive.

Tax audits are stressful but Gina Jansen Lawyers know how tax auditors work. We will advocate for you and provide the auditor with the correct documentation they require from you, and help explain to you what is happening, help address any legal issues, explain the outcomes of the audit to you and prepare for a review if necessary. We can explain the process if you disagree with an auditor’s findings. One option is to set out your tax position with Inland Revenue early on through the voluntary disclosure procedure. This may help to reduce or avoid higher penalties.

Voluntary DISCLOSURES

Got something you want to tell IRD about your tax affairs?

When you work hard, the last thing anyone wants to do is pay tax: but it’s a fact of life. Sometimes though, people do cut corners or get bad advice or don’t fully disclose everything about their finances to their chartered accountant and/or to IRD. Sometimes this is omitted income or expenses incorrectly claimed, but this can be a serious issue in the long term.

Inland Revenue does have a process that allows taxpayers to make voluntary disclosures: this means a taxpayer acknowledges the omitted income or incorrectly claimed expenses and wants to disclose this to Inland Revenue with a view to a reduction in the penalties which could be imposed by Inland Revenue had they had to discover it via the audit process. Inland Revenue can also prosecute taxpayers criminally in the District Court. Consult with us.

Don’t delay with underpaid tax – Sort it out

If you ignore your under-paid tax position, the chances are it will be discovered by Inland Revenue and your case will progress through the full audit process and the tougher the penalties you could face. Gina Jansen Lawyers are experienced with the voluntary disclosure process and what a taxpayer should say in the disclosure which needs to be full and complete.

When should I make a voluntary disclosure?

If an Inland Revenue audit is imminent as you have received a preliminary letter.

To reduce the chances of prosecution because you made a pre-notification voluntary disclosure.

You want to own up to past errors and/or omissions.

What penalties are there?

The key to the penalties imposed is whether you are making a disclosure prior to being notified of an audit, or after notification but before it is underway.  In some instances, if the omissions are insignificant, you may not receive penalties.  There can be a 40% penalty reduction after being notified but the risk of prosecution remains. Gina Jansen Lawyers can negotiate that IRD does not prosecute.

The penalty regime depends on whether IRD considers you are:

  • guilty of gross carelessness or tax evasion; or
  • not taken reasonable care; or
  • taken an unacceptable tax position; or
  • have unacceptably misinterpreted the tax regulations.

Tax prosecutions

Has Inland Revenue served you or your company with a criminal tax summons? Have you been advised by Inland Revenue that you are now going to be prosecuted in the District Court for failing to deduct taxes for GST or PAYE? Have you been asked by Inland Revenue officers or sent a letter stating you should attend a “voluntary interview” so they can talk to you about your case.  It is imperative you obtain immediate legal advice before going to a voluntary interview.

Voluntary Interviews

Voluntary IRD interviews are similar to a Police interview enabling IRD to gain evidence from you to potentially prosecute you. If you attend, Inland Revenue must caution and advise you that the evidence you give may be used against you in Court. This is a legal “caution” to inform you of your legal rights.  Of particular importance is your human right to have a lawyer present during an IRD interview. Too many times we have seen our clients arrive in our offices, having already been to an interview with Inland Revenue with a friend, a tax debt broker, or anon-legally qualified advocate or even their accountant, none of whom may have any experience with the laws of evidence and/or specifically dealing with Inland Revenue tax prosecution interviews. These interviews must be treated seriously. What you say at these interview can result in Inland Revenue having enough evidence to support a criminal tax prosecution against you. Inland Revenue have big powers and many tax offences carry a term of imprisonment – some up to 5 years.  This is not the time to take a friend and hope for the best. You need Gina Jansen Lawyers. We are competent, highly experienced specialist tax lawyers.

District Court Prosecution & Sentencing

Gina Jansen Lawyers are both tax dispute specialists and experienced criminal courtroom lawyers who understand the complexities of criminal evidence, criminal justice proceedings and we are experienced at negotiating positive outcomes which may include a withdrawal of charges and/or reductions in charges and/or sentences imposed by the Court.  We can explain the options that you may face.  We will robustly advocate for you. Now is not the time to call a tax debt negotiator who is not a practising lawyer. Don’t rely on friends or non specialist tax lawyers.  We will talk to you, promptly assess your situation and guide you through all the steps Inland Revenue will take. We know exactly what to do. We are tax prosecution experts.  New Zealand wide. 

Bankruptcy & liquidation

For more information on how we can help you when Inland Revenue initiate bankruptcy or company liquidation proceedings against you in the High Court, please click HERE

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