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Judge delivers verdict in long-running Taranaki tax trial
DEENA COSTER Last updated 19:18, October 23 2015
A New Plymouth man will be jailed for his role in a $1m taxfraud case.
Jianbin Wang was told in no uncertain terms by Judge AllanRoberts of his fate during his appearance in court on Friday. Wang pleaded guilty to 58 tax fraud charges in March thisyear but he disputed the amount of money the Inland Revenue Department (IRD) saidhe owed.
In August, a disputed facts hearing regarding this issue washeld where the IRD accused Wang of systematically under-reporting how muchmoney he was making, to the tune of $1.1m.
Roberts ruled in favour of the IRD and said Wang would besentenced for the amount claimed by the tax agency.
He said after the defendant was interviewed by the IRD inApril 2013 regarding discrepancies related to his personal and company tax,Wang sold his home and three businesses and then "funnelled" a largeamount of money back to China.
At the time of his prosecution, Wang was the soleshareholder and director of Top International Trading Limited and previouslyowned the Best for Less stores in New Plymouth, Waitara and Whanganui.
The shops were sold in May 2013. The company was placed intoliquidation in February 2014.
Roberts said a starting point of 5 years jail was on thecards for Wang.
However, the fate of Wang's wife of 18 years, Fenglan Liu isless clear cut.
While she was found guilty of 16 charges related to filingfalse GST and income tax returns, Roberts said the evidence did not stack upagainst her in connection with the 21 charges of tax evasion she faced.
In March, Liu pleaded not guilty to 37 charges, whichrelated to unpaid tax of about $740,000 and a judge alone trial was held.
The trial, which required Mandarin translators, experiencedseveral delays and did not finish until June this year.
Roberts then adjourned the case further to consider hisdecision, which was delivered on Friday.
In his ruling, Roberts said he was satisfied that Liu hadfailed in her duty to file accurate information about her tax obligations,including her own income. Liu had worked full time at the Waitara Best for Lessshop.
But he found Liu not guilty of tax evasion, saying there wasinsufficient evidence to convict her.
Roberts said while Liu handled a lot of cash related to thebusiness takings, which was stored at the family home rather than banked, hesaid it could not be established she had any intention to avoid paying tax.
Roberts said the family's lifestyle, including having threecars, going on regular overseas trips and paying off a $250,000 mortgage in twoyears, were all inconsistent with the income they told IRD they received.
The couple, who have two children, also claimed Working forFamilies tax credits that they were not entitled to get between 2008-2011,something Roberts described as an "outrage" given their truefinancial situation.
Liu was remanded on bail to re-appear for sentencing onNovember 26. A probation report, which will canvas the option of homedetention, was requested.
However, Roberts declined Wang's bid for bail and remandedhim in custody.
Lawyer Julian Hannam argued for his client's release toallow him time to get his affairs in order, but Roberts said he had already hadplenty of time to do this and had been on notice that jail was likely.
Wang will be sentenced on November 26.
- Stuff
http://www.stuff.co.nz/business/73311005/judge-delivers-verdict-in-longrunning-taranaki-tax-trial
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发表于 2015-10-24 08:24:13
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