Iain Blakeley

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

Input tax
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...

Australian Tax Office rules on Bitcoin

The ATO has just issued a ruling on the GST treatment of Bitcoin. Here: http://law.ato.gov.au/atolaw/view.htm?docid=%22GST%2FGSTR20143%2FNAT%2FATO%2F00001%22 In brief: 1. A transfer of bitcoin is a "supply" for GST purposes. 2. Bitcoin is not "money" under the GST...

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...

Visiting sports teams

The recent publicity about AFL players being pinged for income tax as "entertainers" when they played the Anzac Day matches here is interesting. See here: http://www.3news.co.nz/Wellington-AFL-game-hit-with-tax/tabid/415/articleID/355731/Default.aspx Like everything...

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...

NZ businesses are getting it wrong

I'm seeing increasing evidence of misunderstanding over how the zero rating rules apply. From 1 April 2014 non-resident businesses can register for GST in NZ under a new system which allows them to claim GST refunds on business related costs. Historically a business...

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...

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...

Commonsense prevails: well almost

Yesterday the Australian Tax Office issued a practice statement explaining when it would overlook an incorrect GST input claim made by a business. You can read it here On the face of it the practice statement reeks of commonsense. The supplier wrongly applies GST to...

Starting a new business?

If you're thinking about starting a new business be careful how much you spend on "preparatory and exploratory" work. An Australian tax court has just concluded that a couple could not claim back GST on "preparatory and exploratory" expenditure because their business...

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...

Good news for non resident businesses

Non resident businesses looking to establish supply chains into New Zealand have to go through hoops to register for GST here and recover the GST on their NZ expenses. Often it means they're at a disadvantage when compared to businesses established in New Zealand....

GST and non-profit bodies

Inland Revenue released their updated "Public rulings work programme" on 5 October. This is where they announce key policy areas they are working on at the moment. It means we can expect some sort of discussion document, legislative announcement or ruling on certain...

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...