Volume: 30, Issue: 08 (2018)
IS 18/02: Goods and services tax - GST treatment of distributions made by a trading trust to a beneficiary 
 Description: This Interpretation Statement considers the GST treatment of a distribution made by a GST-registered trading trust to a beneficiary, where that distribution consists of goods forming part of the trusts taxable activity. It notes that the supply will be an associated supply, and the different timing and value of supply rules that apply to associated supplies. It also considers situations where supplies may trigger obligations on the trading trust to register for or deregister from GST.  
Categories:
ASSOCIATED PERSON  
BENEFICIARY  
DISTRIBUTION  
EXEMPT SUPPLY  
GOODS AND SERVICES TAX  
INTERPRETATION STATEMENT  
TAXABLE ACTIVITY  
TAXABLE SUPPLY  
TRUST - TRADING  
 
Legislation: 
 Updated: 18 / 01 / 2019 
Reference:  
2018_30_08_001 
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SPS 18/03: Effective date of GST registrations 
 Description: The statement sets out the effective date from which the Commissioner will register a person for GST. It covers the general rules under the legislation and also explains how the Commissioner will apply discretion where the legislation provides for an alternative date to be used.  
Categories:
GOODS AND SERVICES TAX  
REGISTRATION  
STANDARD PRACTICE STATEMENT  
 
Legislation: 
 Updated:  
Reference:  
2018_30_08_002 
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Review of SPS 08/03: Withdrawn Standard Practice Statement 
 Description: This item has been withdrawn.  Updated: 03 / 04 / 2019 
Reference:  
2018_30_08_003 
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Determination CRS 2018/007 - CRS applied standard - Non-Reporting Financial Institution determination - Foundation North 
 Description: Foundation North is a non-reporting financial institution for the purposes of the CRS applied standard and requirements under Part 11B of the Tax Administration Act 1994  
Categories:
CRS APPLIED STANDARD  
FINANCIAL INSTITUTION  
REPORTING  
SHARES - GOVERNMENT OWNED  
 
Legislation: Referenced Entities: 
 Updated: 31 / 03 / 2019 
Reference:  
2018_30_08_004 
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Enforcement Proceedings, Judicial Review and Interim Relief 
 Description: Shane Warner Builders Ltd (the applicant), by its sole director and shareholder, Shane Warner sought interim relief in the form of a stay of the liquidation proceedings filed by the Commissioner of Inland Revenue (the Commissioner) to recover unpaid PAYE and Goods and Services Tax (GST) in order to allow its judicial review proceedings to be heard. The applicant sought declarations in the judicial review proceedings that the Commissioner has erred in law and acted unreasonably in failing to accept its proposal to pay outstanding tax over time. The Court declined to grant interim relief to the applicant as it was not satisfied that an interim order was reasonably necessary to preserve the applicants position.  
Categories:
COMPANY - SHANE WARNER BUILDERS LIMITED  
GOODS AND SERVICES TAX  
LIQUIDATION  
PAY AS YOU EARN (PAYE)  
 
Referenced Entities: 
 Updated:  
Reference:  
2018_30_08_005 
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Appeal not setting aside bankruptcy notice is direct to the Court of Appeal 
 Description: In a decision on 15 June 2018, Dr Muirs application to set aside a bankruptcy notice issued against him by the Commissioner was dismissed by the High Court. Dr Muir sought leave from the High Court to appeal to the Court of Appeal. The High Court agreed with the Commissioner and held that an application to set aside a bankruptcy notice is not an interlocutory application; rather a stand-alone proceeding. As such, the High Court had no jurisdiction to grant the application for leave and Dr Muir needs to appeal directly to the Court of Appeal.  Updated: 19 / 03 / 2019 
Reference:  
2018_30_08_006 
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IS 18/02: Goods and services tax - GST treatment of distributions made by a trading trust to a beneficiary 
 Description: This Interpretation Statement considers the GST treatment of a distribution made by a GST-registered trading trust to a beneficiary, where that distribution consists of goods forming part of the trusts taxable activity. It notes that the supply will be an associated supply, and the different timing and value of supply rules that apply to associated supplies. It also considers situations where supplies may trigger obligations on the trading trust to register for or deregister from GST.  
Categories:
ASSOCIATED PERSON  
BENEFICIARY  
DISTRIBUTION  
EXEMPT SUPPLY  
GOODS AND SERVICES TAX  
INTERPRETATION STATEMENT  
TAXABLE ACTIVITY  
TAXABLE SUPPLY  
TRUST - TRADING  
 
Updated: 18 / 01 / 2019 
Reference:  
2018_30_08_01 
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SPS 18/03: Effective date of GST registrations 
 Description: The statement sets out the effective date from which the Commissioner will register a person for GST. It covers the general rules under the legislation and also explains how the Commissioner will apply discretion where the legislation provides for an alternative date to be used.  Updated:  
Reference:  
2018_30_08_02 
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 | 
Review of SPS 08/03: Withdrawn Standard Practice Statement 
 Description: This item has been withdrawn.  Updated: 03 / 04 / 2019 
Reference:  
2018_30_08_03 
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 | 
Determination CRS 2018/007 - CRS applied standard - Non-Reporting Financial Institution determination - Foundation North 
 Description: Foundation North is a non-reporting financial institution for the purposes of the CRS applied standard and requirements under Part 11B of the Tax Administration Act 1994  
Categories:
CRS APPLIED STANDARD  
FINANCIAL INSTITUTION  
REPORTING  
SHARES - GOVERNMENT OWNED  
 
Referenced Entities: 
 Updated: 31 / 03 / 2019 
Reference:  
2018_30_08_04 
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Enforcement Proceedings, Judicial Review and Interim Relief 
 Description: Shane Warner Builders Ltd (the applicant), by its sole director and shareholder, Shane Warner sought interim relief in the form of a stay of the liquidation proceedings filed by the Commissioner of Inland Revenue (the Commissioner) to recover unpaid PAYE and Goods and Services Tax (GST) in order to allow its judicial review proceedings to be heard. The applicant sought declarations in the judicial review proceedings that the Commissioner has erred in law and acted unreasonably in failing to accept its proposal to pay outstanding tax over time. The Court declined to grant interim relief to the applicant as it was not satisfied that an interim order was reasonably necessary to preserve the applicants position.  
Categories:
COMPANY - SHANE WARNER BUILDERS LIMITED  
GOODS AND SERVICES TAX  
LIQUIDATION  
PAY AS YOU EARN (PAYE)  
 
Referenced Entities: 
 Updated:  
Reference:  
2018_30_08_05 
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Appeal not setting aside bankruptcy notice is direct to the Court of Appeal 
 Description: In a decision on 15 June 2018, Dr Muirs application to set aside a bankruptcy notice issued against him by the Commissioner was dismissed by the High Court. Dr Muir sought leave from the High Court to appeal to the Court of Appeal. The High Court agreed with the Commissioner and held that an application to set aside a bankruptcy notice is not an interlocutory application; rather a stand-alone proceeding. As such, the High Court had no jurisdiction to grant the application for leave and Dr Muir needs to appeal directly to the Court of Appeal.  Updated: 19 / 03 / 2019 
Reference:  
2018_30_08_06 
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