GST & second hand goods provision

Wayne asks:
(updated on Friday, June 12th 2020)

Our Trust is not GST registered and we are looking to charge our GST registered businesses rental for use of premises. Can the GST registered businesses claim GST tax traction of charged rentals? Like second hand goods provision?

 

 

 

Our Experts Answer:

The short answer here is no. If the Trust is not GST registered, and therefore not charging GST on the rent for the use of the premises, then the business cannot claim GST. While you are right to note that there can be instances where a second-hand goods claim can be made if a good has been bought from a non-registered party, that is not applicable here.

One reason for that is that there is an associated persons prohibition on claiming GST under the second-hand goods provisions where the transaction occurs between associated parties.

You may wonder whether there is value in registering the trust for GST (assuming turnover is below $60,000 and that it is optional). There is not. You would then just have to return the same amount of GST that is claimed and likely suffer more significant downside in terms of the trust property then being drawn into the GST net.

Heartland Bank - Online 6.69
SBS FirstHome Combo 6.74
Wairarapa Building Society 6.95
Unity 6.99
Co-operative Bank - First Home Special 7.04
ICBC 7.05
China Construction Bank 7.09
BNZ - Classic 7.24
ASB Bank 7.24
ANZ Special 7.24
TSB Special 7.24
Unity First Home Buyer special 6.45
Heartland Bank - Online 6.45
China Construction Bank 6.75
TSB Special 6.75
ICBC 6.75
ANZ Special 6.79
ASB Bank 6.79
AIA - Go Home Loans 6.79
Kiwibank Special 6.79
BNZ - Classic 6.79
Unity 6.79
Westpac Special 6.39
China Construction Bank 6.40
ICBC 6.49
SBS Bank Special 6.55
Kiwibank Special 6.55
BNZ - Classic 6.55
Co-operative Bank - Owner Occ 6.55
ASB Bank 6.55
AIA - Go Home Loans 6.55
TSB Special 6.59
Kainga Ora 6.99
SBS FirstHome Combo 6.19
AIA - Back My Build 6.19
ANZ Blueprint to Build 7.39
Credit Union Auckland 7.70
ICBC 7.85
Heartland Bank - Online 7.99
Pepper Money Essential 8.29
Co-operative Bank - Owner Occ 8.40
Co-operative Bank - Standard 8.40
First Credit Union Standard 8.50
Kiwibank 8.50