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2007 media releases

Inland Revenue issues GST statement on unconditional property sale agreements
5 July 2007

The Commissioner of Inland Revenue has decided that an unconditional property sale and purchase agreement is not an invoice and does not trigger GST requirements.

The interpretation statement overturns an earlier view that unconditional property sale and purchase agreements triggered GST requirements, while conditional agreements did not.  In future, neither unconditional nor conditional agreements will be treated as invoices for GST purposes by Inland Revenue.

The Commissioner noted, however, that a deposit is often paid to a vendor when an unconditional agreement is signed.  This action would trigger GST requirements, even though the unconditional agreement was not an invoice.

The view that a property sale and purchase agreement  is not an invoice, and does not trigger GST payments, also applies in general to other types of contracts.

The interpretation statement is entitled"Is an Agreement for the Sale and Purchase of Property aninvoice for GST Purposes?". It replaces Part (a) of the Commissioner's previous public item  "GST-Time of Supply of Real Estate" published in Public Information Bulletin 173 (April 1988).  The full statement can be found on the Inland Revenue website at www.ird.govt.nz

The interpretation applies to agreements entered into on or after 1 July 2007.

 

Ends

 

For further information contact:

Adrienne Perry

Senior Media Advisor

Inland Revenue

(04) 890 1698

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Corporate Affairs
Inland Revenue

To make a media query:
Phone 04 890 1698 or email mediaqueries@ird.govt.nz
Please note, the email address is only for enquiries from the news media. It is monitored during normal business hours 8am - 5pm Monday to Friday.

P O Box 2198
Wellington 6140
New Zealand


Date published: 05 Jul 2007

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