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Writer's pictureMichael Zwiener

New Zealand's GST Updates

Welcome, readers! Today, we embark on a journey through New Zealand's recent Goods and Services Tax (GST) updates. We'll break down the key changes, explore practical examples, and ensure you're well-equipped to navigate these new waters.



1. New Principle Purpose Test for GST


A principal purpose test has been introduced for goods and services acquired for $10,000 or less (GST exclusive). This applies to acquisitions made on or after April 1, 2023.


Example: Anne's Purchase

Anne, a business owner, recently acquired a phone, a laptop, and a car for her business. The new principle purpose test introduces complexities in claiming GST based on the intended use of each item. Anne, having purchased a phone mostly for personal use, faces the challenge of navigating the principal purpose test and opting out options.



2. Election for Certain Asset Sales


Taxpayers can now elect to treat the sale of certain assets as not part of the taxable activity. This option includes transitional rules for those who have already brought the asset into the GST net.


Example: Discontinuing Assets

Taxpayers can now elect to treat the sale of specific assets as not part of the taxable activity. This newfound flexibility allows individuals to make strategic decisions about the tax implications of asset sales. For instance, a person can opt to treat the supply of goods as separate from their taxable activity, provided they meet specific conditions.



3. Changes to GST Apportionment Rules


Several changes have been made to GST apportionment rules, including reducing the number of adjustment periods, permanent change of use adjustments, and the repeal of mixed-use asset rules.


Example: Anne's Car Use

Anne uses her car for both business and personal reasons, triggering adjustments under the revised GST apportionment rules. The changes include reducing the number of adjustment periods, introducing permanent change of use adjustments, and repealing mixed-use asset rules. This scenario emphasizes the importance of accurate apportionment to comply with the updated rules.



4. New "Deeming" Provisions


IR now has the power to deem a sale as a taxable supply when aspects of GST avoidance are suspected.


Example: Avoidance Considerations

The Inland Revenue (IR) now has the authority to deem a sale as a taxable supply when there are suspicions of GST avoidance. This example illustrates the significance of transparent and fair tax practices to avoid falling under the purview of the new deeming provisions.



5. Practical Examples: Understanding the Impact


Example 1: Anne's Phone

Anne's acknowledgment that her new phone is mostly for personal use highlights the challenges businesses may face when determining the principal purpose of acquisitions.


Example 2: Asset Disposal

Gordon's property sale to Dev Co showcases the flexibility introduced by the election to treat the supply as separate from the taxable activity, providing insights into transitional rules.


Example 3: Airbnb Wind Down

Jasmine's inquiry about winding down her Airbnb listings underlines the impact of the new deeming provisions and the necessity of maintaining commercial reasons for such decisions.


Conclusion: Navigating the New GST Landscape


These updates bring nuanced changes to how businesses handle GST. It's crucial for taxpayers to understand the implications, claim credits wisely, and stay compliant. Remember, success in navigating tax changes, much like Dwayne "The Rock" Johnson's quote, is incremental. Stay informed, adapt, and let your financial success build day by day!

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