A Week in Review

Richard AshbyPartner, Gilligan Sheppard

IR guidance on Covid-19 related GST issues

IR has published its view of the appropriate GST treatment in relation to certain Covid-19 events, including cancelled supplies, change of use adjustments and registration cancellations.

In summary:

Cancelled supplies – where output tax has already been paid on the supply (or conversely input tax claimed) and the supply is cancelled, a GST adjustment entitlement will arise in the GST period that it becomes clear that the output tax returned was incorrect (in this case presumably when supplier notified by purchaser that they are cancelling the contract). Where a tax invoice has already been issued by the supplier in relation to the cancelled supply, then the supplier will need to raise a credit note to support the adjustment amount now claimed. Should the supplier then go on to make a loss-of-income type insurance claim with respect to the cancelled contract, the receipt of any insurance pay-out will be subject to GST in accordance with s.5(13) of GSTA85.

Change of use adjustments – the main focus of the commentary here is whether a change of use adjustment may be triggered (due to calculations exceeding the requisite thresholds – percentage change or quantum involved) and in essence the threshold breach is due to for example, the relevant asset not being able to be used as a direct consequence of the Level 4 lock-down. IR is advising that in cases like these, they will apply a practical approach (hmm) to accepting calculations by the registered person that provide a ‘fair and reasonable’ result in the circumstances.

Registration cancellations – again the focus of the commentary is around whether the business shutdown due to lock-down restrictions (which arguably could continue when we move to Level 2 if the workplace cannot be operated ‘safely’), means that the registered person has in fact ceased their taxable activity, and consequently has the requisite obligation to notify IR within 21 days of the deemed cessation and accordingly account for 3/23rds output tax on the market value of any assets still held by the taxpayer at this time. Naturally IR’s guidance is that every case will need to be judged on its individual merits, however that usually ignoring the Covid-19 ‘unprecedented event’, a registered person who can be seen to have been making regular or frequent taxable supplies for a reasonable period, would not be considered by IR to have ceased their taxable activity until no supplies have been made for a 12-month period subsequent. Taking this view therefore, unless specific factors exist that would suggest otherwise, Covid-19 related ‘forced’ business shutdowns should not trigger any de-registration obligations for the registered person.

Further detail and other Covid-19 tax related guidance can be found here – https://www.ird.govt.nz/covid-19/business-and-organisations/specific-gst-issues.

IR answers your questions

Also published last week, was IR’s guidance and answers to questions on all Covid-19 related issues to date, which I would suggest is very useful. It contains a comprehensive index at the beginning of the document with direct links from there into the specific topic sections, which include:

  • First round of tax-related measures legislated – depreciation on commercial buildings, small value asset write-off threshold increase, UOMI remission etc;
     
  • Wage subsidy tax related issues;
     
  • Home office reimbursements/allowances to employees – DET EE001 & DET EE002;
     
  • Second round of tax-related measures legislated – loss carry-back rules, IR flexibility to change filing dates etc;
     
  • Late filing issues – LTC elections, subventions, beneficiary income distributions;
     
  • FBT – motor vehicle availability during lock-down; and,
     
  • Loss continuity rules – proposed change to rules.

The document can be found here – https://www.ird.govt.nz/-/media/Project/IR/Documents/Tax-agents-COVID-19-Q-and-A/4-May.pdf