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20ISAPR1E

GST Zero-Rating for Transactions including Land 2020 - Online CPD

NZ $175.00
Publications
Riaan Geldenhuys 2020 Eugen-Tombitas 2020
Riaan Geldenhuys
Barrister, Auckland
Eugen Trombitas
Partner, PwC, Auckland

Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $125 - NZLS members and Associate members
  • $175 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

Presentation time: 120 minutes
2
CPD HRS

A zero-rating regime for business-to-business land transactions has applied from 1 April 2011 and has had a fundamental impact on the landscape in this area. This seminar will take a practical approach in stepping you through the regime and will help you identify and manage the key GST risks and opportunities.

This seminar will include:

  • A brief overview of the GST zero-rating for land regime
    - What?
    - When?
    - Who is at risk?
  • The contract
    - Good drafting and pricing practice
    - GST gross up?
    - Do you delete the going concern clause?
    - Pricing gone wrong (inclusive pricing)
    - GST information on the front page and the Schedule
  • The period between contract and settlement
    - Impact of nomination
    - Second hand goods – what can go wrong?
    - GST registration after contract – The Ling and Holdaway cases
    - Changing GST treatment – The Wang case
    - Examples from the IR CZR guidelines
  • After settlement
    - The need to test land use - s 20(3J)
    - Correcting GST treatment after settlement
    - Liability to the IR for GST – s 5(23)
    - Liability to the other party for GST – warranty claim cases and the latest ADLS agreements
  • Other issues
    - Pre-emptive rights over land (ie not an interest in land), selling non-land assets or business assets without an interest in land – GST at 15%
    - Mixed supplies – eg farm / farmhouse, shop and apartment above the shop
  • Principles emerging from the case law
    - What do the main cases of WangLing and Holdaway say about CZR and best practice?
    - GST Act prevails over contract
    - CZR is compulsory
    - Settle means actually settle.

Learning objectives

By completing this module you will gain:

  • A broad knowledge of the zero-rating rules for transactions including land.
  • A better understanding of the key GST risks and opportunities available for your client.
  • How to deal practically with these risks and opportunities in the contract, the pre-settlement period, on settlement and thereafter.

Electronic paper 

Authors: Riaan Geldenhuys, Eugen Trombitas
Published: 14 April 2020
Pages: 29

Introduction

There is no introduction for this paper.

PowerPoint Presentation

These are the slides included in the presentation.

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