Iain Blakeley

Barrister - Tax Expert - Business Adviser - Director, Professional, Practical, Fast, Affordable

GST Cases
Easy fix costs Rugby League Club

Easy fix costs Rugby League Club

Keeping up with your tax obligations can sometimes seem a drag: forms to be filled in, changes to keep abreast of and an incessant focus on the detail. Mistakes can be costly. A few dollars here and there might be overlooked but get it much more wrong and you can be...

GST derails another property sale

GST derails another property sale

Recently from the Court of Appeal, another example of how GST can derail what should have been a simple property sale. Y & P NZ Ltd v Yang Wang & Chen Zhang [2017] NZCA 280 is a decision from the Court of Appeal about whether caveats registered by the...

It wouldn’t happen in New Zealand – or would it?

An Australian court says a taxpayer has not commenced a subdivision activity until they have the funds needed to purchase the land. The costs spent beforehand on planning permits and market valuations were preliminary or preparatory to starting any business. That's...

12 GST thoughts of Christmas

12 GST thoughts of Christmas: 1. There's no GST on gifts (so Santa is probably not GST registered). 2. GST registered businesses can claim back the GST on gifts they buy for staff, suppliers and customers. 3. If you buy someone a gift voucher for Christmas it's quite...

Taxing energy drinks unconstitutional

A recent decision in France has concluded a government tax on energy drinks contravenes the country's constitution. Under France's tax laws a tax was imposed on energy drinks with at least 220 mg of caffeine per 1,000 ml. The tax was challenged and the Constitutional...

Bodies corporate and GST

Brian Fallow's opinion piece in today's Herald on residential bodies corporate and GST is timely. See here: http://www.nzherald.co.nz/opinion/news/article.cfm?c_id=466&objectid=11231055 This issue baffles me. Why is it so complicated and why is it taking so long...

Grant versus fee!

The Woking Museum and Arts and Crafts Centre is a charity set up to "advance the education of the public in local national and international history and arts and crafts". In 2003 it entered into an agreement with the Woking Borough Council [In the UK] to "provide...

12 GST thoughts of Christmas

12 GST thoughts of Christmas: 1. There's no GST on gifts (so Santa is probably not GST registered). 2. GST registered businesses can claim back the GST on gifts they buy for staff, suppliers and customers. 3. If you buy someone a gift voucher for Christmas it's quite...

GST refund claims: keep it real.

You can't claim GST back on an expense unless you actually receive whatever it is you are paying for. That's the message from the Australian Federal Court in a decision released on 1 November [Professional Admin Service Centres Pty Ltd v FC of T]. In that case the...

Buying and selling houses

If you're buying and selling houses on a regular basis be careful of GST. The Tax Review Authority recently backdated GST registration for a couple's family trust to 1999 because they traded 11 residential properties in 12 years. The case is reported at: Case 5/2013...

Exporters beware!

There's no GST on exports, right? Wrong! Sometimes GST does apply to exports. Here's an example: NZ Ltd agrees to sell products to UK Ltd. UK Ltd is going to use the parts in the creation of a sculpture in the UK. NZ Ltd invoices UK Ltd and receives payment before the...