Iain Blakeley

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

Land transactions
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...

IRD comments on short term Christchurch rentals

Inland Revenue's latest Business Tax Update reminds us people renting out houses in Christchurch short-term have to pay income tax on the rent, less deductions. It's a pity they don't mention GST because that's more interesting. The update is here:...

Certainty in construction

Planning ahead and attention to detail in contractual documentation are essential for retirement village operators wanting clarity of what GST costs they are up for. That was the key GST message at this week's Retirement Villages Association finance forum focussing on...

Surprise in body corporate treatment?

A Product Ruling (BR Prd 14/08) published by IRD on 28 July is fascinating as much for what it doesn't say as the conclusions reached. Facts briefly: - Unit title building in Christchurch. - Mostly commercial property. - Destroyed in earthquake. - Body corporate...

Bodies corporate and GST

Last week the Revenue Minister issued another Discussion Document on the GST treatment of bodies corporate. The IRD seems to have come full circle on this one. See here: Bodies corporate and GST. It is proposed our GST legislation will exempt a body corporate under...

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...

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...

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...

Vendor financing

Useful recent Australian tax case on GST and vendor loans. Mathiesen Family Trust v FC of T [2013] ATC 10-327, 15 July 2013. The taxpayer agreed to sell land for $3.5m. The purchaser could only pay $2m on settlement and borrowed the balance of $1.5m from the vendor,...

If they take it, have you “supplied” it?

The Inland Revenue Department has published a draft view on whether a GST "supply" occurs when land is compulsorily taken by a Public Authority under the Public Works Act. At issue is whether a compulsory acquisition of land results in a "supply" being made by the...

NZ tax department reveals its compliance focus

Our new tax Commissioner has just released a document outlining her department's key compliance programmes for 2012/13.http://www.ird.govt.nz/resources/6/6/661d18004c5fb8aea1cde57bdeadb8e8/our-compliance-focus-2012.pdf?CACHEID=661d18004c5fb8aea1cde57bdeadb8e8The 32...

4 1/2 years in prision for $2.1m GST fraud

An Auckland property developer has been jailed for 4 1/2 years for tax evasion after he claimed GST refunds on property acquisitions over 3 years and then failed to account for GST or income tax on the sales. It was deliberate evasion according to the court. Inland...

Penny and Hooper decision carries GST lessons.

The Supreme Court ruled yesterday that orthopaedic surgeons Ian Penny and Gary Hooper avoided tax when they diverted income from their practices to lower tax rate entities such as companies and trusts. A significant issue was the below market salaries they paid...

Warning for small operators

A recent Australian court case serves as a warning for very small businesses. The NZ rules are similar. The taxpayer bought a former fauna park intending to convert it to educational and accommodation use. However the taxpayer didn't get around to kick starting their...

1st April

Don't forget the big GST changes which come into effect tomorrow. These changes impact you if you are a business and: - enter into any transaction involving land. - supply residential accommodation. - supply financial services. - supply fine metals like gold and...

Buying or selling land?

There's a completely new GST regime coming into force on 1 April for transactions involving any land between GST registered businesses. The new rules mean some parts of the current Real Estate Institute and Law Society Standard Sale and Purchase of Land agreements...