When does the obligation to account for GST arise with unconditional contracts for the sale of land : a comparison of New Zealand and Australia
30 Sep 09 |
NEW ZEALAND JOURNAL OF TAXATION LAW AND POLICY
Issue: Vol 15 No 3 2009
Pages: pp. 223-251
In this article, the author compares and contrasts the treatment of sales of land in New Zealand and Australia for purposes of the GST and, particularly, the meaning ascribed to 'invoice' in each country in relation to sales of land. The author discusses first the law in each country as to when the obligation to account for GST arises; stakeholders and the peculiar invention in Australia known as a security deposit. The author then examines whether agreements for the purchase and sale of land can constitute the issue of an invoice for purposes of the GST.
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Kalmen Datt FTIA is a Senior Lecturer at ATAX with extensive experience as a barrister having appeared in courts at all levels in South Africa
and New Zealand. He is admitted as a legal practitioner in NSW. He has hands-on experience in tax having worked for the New Zealand Inland
Revenue authorities as a solicitor and team leader in their Technical Legal Support Group where he inter alia had sole responsibility for advice to one of the Anti Avoidance teams as well as advising on all other tax issues. He lectures in Principles of Australian Tax, GST, CGT, Tax Administration, Tax Litigation and the New Zealand component of Asia Pacific Tax Regimes and was the recipient of a UNSW Learning and Teaching Award in 2005
Current at September 2008