Goods and services tax (GST)

These items clarify some specific GST issues.

QB 10/05: Section 78(3) of the GST Act 1985

This item considers whether the phrase "unless provision to the contrary is contained in that Act or regulation" in section 78(3) is triggered merely by reference to an amount being expressed as being "GST inclusive". The item represents a change to the Commissioner's view on this matter, as previously contained in Public Information Bulletin No. 181 (June 1989).

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QB 10/02: GST treatment of futures contracts

This item considers the GST treatment of futures contracts. It states that the provision or assignment of a futures contract will generally be an exempt supply. However, where a person supplies a cash settled futures contract to a non-resident who is outside New Zealand, the supply will be zero-rated.

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QB 09/04 The relationship between section 113 of the TAA and the proviso to section 20(3) of the GST Act

This item clarifies the relationship between section 113 of the Tax Administration Act 1994 and the proviso to section 20(3) of the Goods and Services Tax Act 1985 when a registered person has not claimed an input tax deduction in an earlier taxable period. In particular, it clarifies whether the Commissioner is required to amend a GST assessment under section 113 to allow a deduction in an earlier taxable period when, under the proviso to section 20(3), the taxpayer can claim a GST input tax deduction in a later taxable period. This item also withdraws SPS INV 490: Correcting minor errors in GST returns.

QB 07/04 Trophies and animal products derived from the tourist, hunting and safari industry that are to be mounted in New Zealand - zero-rating

This item clarifies the issue of whether extensions exceeding 183 days may be granted under section 11(5)(b) with respect to trophies and animal products derived from the tourist, hunting and safari industry that are to be mounted in New Zealand.

QB 07/03 Trustees in the context of the Goods and Services Tax Act 1985: does a separate trustee capacity and personal capacity exist and do separate trustee capacities exist for trustees of multiple trusts?

This item clarifies Inland Revenue's position on whether, in the context of the "associated persons" definition in section 2A(1) of the GSTA, a person acting in their capacity as a trustee of a trust is acting in a different capacity from when they are acting in their personal capacity.

GST and bloodstock destined for export

This statement sets out the policy in relation to bloodstock destined for export that will not be exported within 8 days of the time of supply.

QB 07/01 Zero-rating of supplies of sail-away boats - use as security or offered for sale

We have been asked to clarify some issues relating to zero-rating of supplies of "sail-away boats" under section 11(1)(i) of the Goods and Services Tax Act 1985 ("the GST Act"). In particular, the issues relate to the exercise of the Commissioner's discretion under section 11(8) to extend the 60-day period within which a recipient of the supply of a boat ("the recipient") must export the boat under section 11(7)(a), where the boat is used as security or offered for sale while it is in New Zealand.

GST treatment of services provided in making videos and films in New Zealand under contracts with non-residents

We have been asked what is the correct GST treatment of services provided in making videos and films in New Zealand under contracts with non-residents who are not in New Zealand.

GST treatment of funding provided to Treaty of Waitangi claimants by the Crown through the Office of Treaty Settlements

In the Interpretation Statement on Treaty of Waitangi Settlements-GST Treatment (published in TIB Vol 14, No 9 (September 2002)) it was considered that redress under a Treaty of Waitangi ("Treaty") settlement was not subject to goods and services tax (GST)

Advertising agencies: placement and creative services supplied to non-residents

This item clarifies that creative and placement services supplied to non-residents who are outside New Zealand at the time the services are performed will qualify for zero-rating, regardless of whetther or not the goods to be advertised are situated inside New Zealand.

Real estate sale and purchase - GST apportionments of income and expenditure

This item clarifies whether the GST treatment of local authority rates apportionments on the sale and purchase of real estate, outlined in public ruling BR Pub 99/8 also applies to other income or expenditure that is similarly apportioned.

Funeral expenses paid by funeral directors in connection with funeral arrangements

This item clarifies whether funeral directors act as agents of their clients for the supply of goods and services (for example, arrangements for newspapers advertisements, flowers, printing of the order of service, purchase of burial plots, the minister or organist's services); and what is the correct GST treatment of such transactions.

Cash prizes in sporting competitions - GST implications for organising club

This item clarifies whether or not a GST registered amateur sports club is able to claim GST input deductions on cash prizes awarded to participants in competitions organised by the club.

Trophies and animal products derived from the tourist, hunting and safari industry: zero-rating under GST

This item clarifies the item in TIB Vol 9, No 6 (June 1997) on this subject taking into account amendments to the GST legislation enacted on 10 October 2000.

GST consequences of a cancelled contract

This item clarifies whether GST is chargeable on the amount of a deposit paid under a contract for the sale and purchase of land, when the contract is cancelled but the deposit is retained by the vendor.

GST Group Registration of Trusts (July 2004)

The purpose of this item is to provide an overview of the rules that relate to the GST group registration of trusts.

Deductions from GST output tax for subsequent changes to taxable use (April 2005)

Clarification of the tests that must be met before a registered person can make deductions from GST output tax for change from non-taxable to taxable use.

Date published: 31 Jan 2006

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