Training : 1 Training GST ISSUES IN THE SALE OF LAND
Introduction
Background of the presenter and audience
Agenda : 2 Agenda Topics to be covered
Duration of presentation
Please email questions rather than respond due to time constraints mancercliff@yahoo.co.nz
Prior hand out notes relate to slide headings
GST ISSUES IN THE SALE OF LAND : 3 GST ISSUES IN THE SALE OF LAND When could GST output tax apply to non-GST registered owners on the sale of land?
Case study features a deemed lease exceeding GST registration threshold
May be opportunities for GST threshold to be an individual threshold if it is not a business partnership
GST ISSUES IN THE SALE OF LAND : 4 GST ISSUES IN THE SALE OF LAND When could GST output tax apply to the sale of a recently purchased section?
If there is a taxable activity which is not a one-off activity
GST ISSUES IN THE SALE OF LAND : 5 GST ISSUES IN THE SALE OF LAND What does it mean when GST does not apply to residential properties that have been rented for more than 5 years?
This exemption ensures that repeat sales of residential rental properties are an exempt supply
GST ISSUES IN THE SALE OF LAND : 6 GST ISSUES IN THE SALE OF LAND Can GST be claimed when a dwelling is purchased which is to be rented?
No
What about if it is bought by a GST-registered company that operates a business? Still No.
GST ISSUES IN THE SALE OF LAND : 7 GST ISSUES IN THE SALE OF LAND Can a GST input tax claim be denied when property is purchased by a retirement village?
In both situations the exempt activity was separated from the taxable activity.
GST ISSUES IN THE SALE OF LAND : 8 GST ISSUES IN THE SALE OF LAND Does GST output tax apply to an insurance claim received for the loss of a rental property when the taxpayer is GST-registered?
No
GST ISSUES IN THE SALE OF LAND : 9 GST ISSUES IN THE SALE OF LAND Should a farmer charge GST to tenants living in farm cottages on his property?
No
GST ISSUES IN THE SALE OF LAND : 10 GST ISSUES IN THE SALE OF LAND How does GST input tax apply to property that is inherited?
Will the recipient use the property in a taxable activity?
GST ISSUES IN THE SALE OF LAND : 11 GST ISSUES IN THE SALE OF LAND How does GST apply on a house converted to bed and breakfast?
Ordinarily, an asset cannot be owned partly in a taxable activity and partly in a non-taxable activity. It must be in one or the other and an adjustment made.
(See also next slide)
GST ISSUES IN THE SALE OF LAND : 12 GST ISSUES IN THE SALE OF LAND What are proposed changes in relation to GST and premises providing accommodation?
Inland Revenue Department is considering a new stance on what constitutes a commercial dwelling
Suggested law change needed for existing GST- registered owners no longer qualifying
Don’t claim GST for new purchasers
GST ISSUES IN THE SALE OF LAND : 13 GST ISSUES IN THE SALE OF LAND Should someone who manages rental properties charge GST on the services provided to landlords?
Yes, on the service charge
GST ISSUES IN THE SALE OF LAND : 14 GST ISSUES IN THE SALE OF LAND When does a GST registered flat-owning company not claim GST input tax on goods and services acquired?
On interest and ground rental, even though it might be required to collect GST on subscriptions
GST ISSUES IN THE SALE OF LAND : 15 GST ISSUES IN THE SALE OF LAND Can you claim GST when a property that is already owned is moved into a taxable activity from a non-taxable activity?
Yes, but it might be better to do a periodic adjustment (especially if it is to be “mixed” with other assets and subject to a future GST output tax if an input tax is denied)
GST ISSUES IN THE SALE OF LAND : 16 GST ISSUES IN THE SALE OF LAND How does a builder or developer charge GST on residential properties that are rented pending sale?
Consider whether the principle activity is still building/developing.
If not, then there is a change of use adjustment.
If so, then the Lundy case calculations will provide alternative calculations in calculating GST output tax on residential rentals received
GST ISSUES IN THE SALE OF LAND : 17 GST ISSUES IN THE SALE OF LAND When is the supply of leasehold land an exempt supply?
Examples are given in the notes supplied
GST ISSUES IN THE SALE OF LAND : 18 GST ISSUES IN THE SALE OF LAND What is “time of supply”?
Earlier of when any payment is made or an “invoice” (i.e. obligation to pay) is issued
GST ISSUES IN THE SALE OF LAND : 19 GST ISSUES IN THE SALE OF LAND When should GST output tax apply when property is sold?
Earlier of when any payment is made or an “invoice” (i.e. obligation to pay) is issued
Get a sufficiently large deposit for invoice based vendors to cover output tax
Stakeholder issues
(In)significance of “GST date” in contracts
GST ISSUES IN THE SALE OF LAND : 20 GST ISSUES IN THE SALE OF LAND How does GST output tax apply to the sale of land that is part of a taxable activity?
It applies. You cannot have an asset that is part of a taxable activity and part of a non-taxable activity
Exceptions:
Dwellings
Contracts partly zero-rated and partly standard-rated
GST ISSUES IN THE SALE OF LAND : 21 GST ISSUES IN THE SALE OF LAND How is GST applied to the apportionment of rates when real estate is purchased?
May be claimed
Get a tax invoice
GST ISSUES IN THE SALE OF LAND : 22 GST ISSUES IN THE SALE OF LAND How does GST output tax apply to land subdivisions?
Is it a continuous or regular taxable activity?
Examples in notes provided
GST ISSUES IN THE SALE OF LAND : 23 GST ISSUES IN THE SALE OF LAND Is GST output tax applicable to compensation paid to Maori organisations?
No supply, therefore no GST
GST ISSUES IN THE SALE OF LAND : 24 GST ISSUES IN THE SALE OF LAND What are the proposals for changes to the GST rules in relation to Phoenix Companies?
A reverse charge mechanism whereby an associated purchaser accounts for GST on supply made by vendor who has not paid GST output tax.
GST ISSUES IN THE SALE OF LAND : 25 GST ISSUES IN THE SALE OF LAND What is significant about a sale of a going concern?
Purchaser does not need to arrange finance to acquire property which would later constitute a GST refund
Vendor does not need to collect GST and then pay it to the Inland Revenue Department
GST ISSUES IN THE SALE OF LAND : 26 GST ISSUES IN THE SALE OF LAND What is meant by “plus GST (if any) or inclusive of GST (if any)?
“plus GST” protects the vendor
GST ISSUES IN THE SALE OF LAND : 27 GST ISSUES IN THE SALE OF LAND Can a building be sold as a going concern if it is purchased with vacant possession?
No
GST ISSUES IN THE SALE OF LAND : 28 GST ISSUES IN THE SALE OF LAND How does GST apply on the sale of land to a tenant?
It cannot be the sale of a coing concern.
GST is standard-rated, not zero-rated
GST ISSUES IN THE SALE OF LAND : 29 GST ISSUES IN THE SALE OF LAND How do you account for GST when a business is sold but the purchaser leases premises retained by the vendor?
It is still an accepted going concern
The vendor however cannot have a lease with “himself”
The contract provides for a walk-out walk-in situation
GST ISSUES IN THE SALE OF LAND : 30 GST ISSUES IN THE SALE OF LAND How does GST apply to the mortgagee who makes mortgagee sales?
Generally, GST will apply to the consideration but there are exceptions if the rules are followed
GST ISSUES IN THE SALE OF LAND : 31 GST ISSUES IN THE SALE OF LAND What is an acceptable occupancy percentage for commercial buildings to be sold as a going concern?
Originally 80%,
then 50%
then < 50%
GST ISSUES IN THE SALE OF LAND : 32 GST ISSUES IN THE SALE OF LAND How should GST output tax be returned on individual supplies valued at over $225,000?
Invoice base overrides cash basis if settlemnet delayed 12 months
GST ISSUES IN THE SALE OF LAND : 33 GST ISSUES IN THE SALE OF LAND How does time of supply affect the going concern zero-rating rules when a nominee rather than a nominor purchases the property?
Nominee must exist as at date when contract goes unconditional
GST ISSUES IN THE SALE OF LAND : 34 GST ISSUES IN THE SALE OF LAND When is a nomination treated as two supplies?
This is the general rule
GST ISSUES IN THE SALE OF LAND : 35 GST ISSUES IN THE SALE OF LAND When was a nomination treated as one supply?
A stamp duty case
GST ISSUES IN THE SALE OF LAND : 36 GST ISSUES IN THE SALE OF LAND What is the effect of a novation rather than a nomination?
A separate new agreement applies
Important for nominor to novate if not-GST registered and has bought secondhand goods
GST ISSUES IN THE SALE OF LAND : 37 GST ISSUES IN THE SALE OF LAND What are the proposals for changes to the going concerns, sales of commercial property and large value transfers rules?
Possibly a reverse charge where the purchaser accounts for the GST obligation of the vendor
GST ISSUES IN THE SALE OF LAND : 38 GST ISSUES IN THE SALE OF LAND How does GST apply upon deregistration?
Output tax applies
Consider whether market value or the lower of cost or market value can apply
Lower of cost or market value for goods or services acquired before 1.10.86
GST ISSUES IN THE SALE OF LAND : 39 GST ISSUES IN THE SALE OF LAND How does GST apply upon change of use?
Will the taxable activity still be carried on, in which case use lower of cost or market value
GST ISSUES IN THE SALE OF LAND : 40 GST ISSUES IN THE SALE OF LAND How does GST apply to a change of use or deregistration before sale?
If a subsequent sale occurs then the Inland Revenue Department has power to use the sale price rather than the value used upon deregistration
Where to Get More Information : 41 Where to Get More Information www.newzealandtax.com
Consulting services, other sources
Next training session: 9 March 2009 2pm
Tax Rules for International Investments
Thanks for coming : 42 Thanks for coming Cliff Mancer
Mancer Tax