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When does the obligation to account for GST arise with unconditional contracts for the sale of land : a comparison of New Zealand and Australia

Publication date: 30 Sep 09 | Source: NEW ZEALAND JOURNAL OF TAXATION LAW AND POLICY

Issue: Vol 15 No 3 2009

Pages: pp. 223-251

Abstract:
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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Author profile

Kalmen Datt
Kalmen is a senior lecturer in the School of Taxation and Business Law at the University of New South Wales, Australia and teaches courses which include GST, CGT, International Tax and Tax Litigation. Kalmen was previously a barrister in South Africa and a solicitor/barrister in NZ and has been admitted as a solicitor in Australia. He has practiced in courts of first instance and appeal. He has completed courses in mediation and has appeared in mediations and arbitrations as counsel. Prior to immigrating to Australia, Kalmen was a solicitor with Inland Revenue (IRD) in NZ advising on tax issues and was an advisor to a specialist anti avoidance team at IRD. He assisted the School of Business at the University of Auckland in teaching various tax courses. Kalmen has successfully completed the Common Professional exams in the UK. - Current at 26 July 2017
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