Gift Duty Update

Thanks to Brent Gilchrist of “tax etcetera” for this Gift Duty update!

Gift Duty Repeal Tips
All things being equal, the only people that should be interested in the repeal of gift duty from 1 October, are those that are already gifting at the current maximum of $27,000 a year. One would expect that such persons will take the opportunity to immediately gift the balance. But should they? Should others now consider gifting?
Are gift statements still required?
No More Gift Statements?
From 1 October you can gift any amount to any person and not have to tell IRD.
So, no more gift statements.
No More Deeds of Gift?
Be careful as most gifts need to be validated by way of deed due to the lack of
consideration passing. While there are exceptions (e.g. land gifts registered in
donee’s name, chattels delivered to donee) debt releases must be by way of deed.
Play it safe and continue to record all gifts by deed.
Gift the Balance at Once?
My view is that if you are gifting $27,000 a year you have an intention of gifting
the entire debt as soon as possible, so why not gift the balance come 1 October?
But take September to review why the gifting regime was commenced in the first place? If the gifting is to a trust has the trust itself become at risk from attack? For example, has the trust exposed itself to income tax risk by, say, overlooking the minor beneficiary rule, or entering into an aggressive tax plan that, post Penny and Hooper, is at risk of being overturned?
Create a New Gifting Transaction?
Perhaps you had in mind a gifting regime but considered that $27,000 a year
simply did not make a dent in the debt, so you did not bother either transferring
the asset or gifting off the debt if the asset was transferred. Spend September
considering how your family/income tax/asset protection position might be
improved by a once and for all gift in October.
Why Rush?
While there is no need to make a decision on 1 October, my tip is that if you
think you might want to make a significant gift, do it before the IRD and other
Government agencies produce rulings at to how they are going to react to large
post-October gifts in terms of tax laws, family laws and creditor protection laws.
Making a gift around 1 October can perhaps be more credibly defended as a natural reaction to the exemption enactment and without too much planning involved
(the “because I can” defence). It might be more difficult to defend if made a year later and after extended discussions with advisers. Don’t make a hasty, uninformed decision but do take advice as soon as possible if you consider that there may be benefits in making a large gift post 1 October.

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How will the Penny & Hooper vs IRD outcome affect you?

On Wednesday August 24, the Supreme Court decided that Christchurch orthopaedic surgeons Penny & Hooper were guilty of tax avoidance.

This decision was expected, as the two had allocated themselves much less income that they would have worked for under an arrangement with an unrelated employer. Unfortunately, this diminishes the usefulness of this decision in terms of determining what constitutes tax avoidance. Had they paid themselves a commercial salary, there would have been a whole different set of issues to be determined.

However we note that Inland Revenue (who already have a lot of money to throw at tax avoidance charges) may well interpret this as open season on tax payers who have tax-effective structures.

How do we address this? Document every business decision which has positive tax implications for your business, and always make sure (as we always advise clients) that all decisions are made for commercial reasons, and that any tax benefit is purely an incidental outcome of the business decision.

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Business Opportunities & Franchise Expo

Ever considered running your own business? Head along to the Business & Franchise Expo in Auckland this weekend to find out more!

The Business Opportunities and Franchise Expo will have something for everyone considering buying their own business-whether they are in the serious stage of investing large capital, adding to an existing business or just exploring the idea of a lifestyle change like working from home.

Not only is it an important forum for people considering buying their own business – visitors are also in a position to meet experts and talk to business owners face to face , information that could take days to collect like interview appointments ,meetings and discussions can be researched all under one roof

  •     Mature business systems with available opportunities
  •     New Business opportunities launching for the first time
  •     Talk to the experts and learn to minimize Risk
  •     Free seminars run daily

August 12th, 13th and 14th. Open 10am to 4 pm daily. Hall one ASB Showground,

Admission $15, registration on entry or see the attached for a free pass!

Seminars start at 10.30am and are repeated daily.

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Auckland Accounting Festival?

We’d like to share part of James Griffins column from Saturday – we think he hit the nail on the head!

In Auckland, we’re in the middle of an Arts Festival. All over town there are actors, musicians, dancers and pornographic puppets doing their artistic business at myriad venues. We are embracing art in all its many and varied forms, which is, obviously, the point of an Arts Festival.

On top of that, as we hit festival overload here in festive Auckland, this week is the Pasifika Festival, where we celebrate our Pacific Island neighbours and peoples. This weekend, Auckland’s fickle weather permitting, thousands upon thousands of Palagis and Polynesians will descend upon Western Springs to bathe in the cultures of many countries and eat icecream out of a coconut.

All of which leads me to wonder what you have to be to earn the right to have your own festival. Given that the word “festival” is most commonly associated with words and phrases like “music”, “wine and food”, “film”, “readers and writers”, “religious” and, in this case, “arts”, it would seem that a festival generally celebrates the finer, more ethereal, more spiritual things in life. But who say this has to be the rule? How come we don’t have, for example, the Auckland Accounting Festival? Why can’t we have a week (or probably only a weekend, given how notoriously efficient accountants are) where we, as a community, celebrate the joys of book-keeping? Just because something is inherently boring to normal people doesn’t mean it shouldn’t be celebrated festively.

And, if the accountants I know are anything to go by, if you turned it into a Wine and Accounting Festival then it would truly go off – and would also, undoubtedly, come in on budget.

Let us know what you think – would you attend an Accounting Festival is there was one?

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IRD holding $55m of unclaimed cash

IRD issued a list of taxpayers they are holding money for – $55 million in total!

The IRD is providing “a service for the true owners of unclaimed money which has been left untouched for six or more years in companies such as financial institutions and insurance companies”. Most of the money is apparently not tax refunds, but for example a forgotten bank account or financial credit, handed over to Inland Revenue for safekeeping.

We don’t expect that clients of our firm will be owed any tax refunds, but you never know what else is out there! And human nature being what it is – who wouldn’t have a look?! We did!

Attached is the link and instuructions to see if you (or anyone you know) has any unclaimed money.

http://www.ird.govt.nz/unclaimed-money/unclaimed-money-0.html

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1 October

1 October is here!

Remember to update your sales system, invoices or charges for the increase of to 15% GST.

If you employ staff, and you work out pays using the PAYE tables or calculations from the IRD website, remember you have to use the updated table or re-calculate the amounts from the website; or if you use MYOB payroll or another payroll system, remember to install the updates.

We are here for any queries you have over this time of change.

The team at Oborn & Johnson

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Double Dip Recession or Triple Dip Transition?

When one describes the current economic climate we are in, it is certainly not business as usual. I think the Australians got the name right when they termed the events of mid-2008 the Global Financial Crisis.

The debate continues as to whether we are in recession or recovery – one attitude seeming pessimistic and the other optimistic. A colleague described the world economy to me the other day as being in transition. I think this is a great term, as we truly are transitioning from the world as we knew it, to something that not even the bravest economists will predict. Whatever it may be, I believe the Global Financial Crisis was the first leg of a three-ring circus – with its follow up acts being the Global Spending Crisis and the Global Technology Crisis.

The Global Financial Crisis was of course centred on the world’s banks – and finance companies. What we all need to remember is that a downturn is actually a correction – the bigger the excesses that precede it, the greater the correction. We all saw worldwide property prices going out of control, spending out of control, and the swing of the pendulum back has certainly had a significant impact on us all.

Currently we are in the second phase – Global Spending Crisis. The consumer driven economies of the world have taken a severe battering and people’s spending habits are changing significantly, probably forever. While we are not quite back to the days when my mother and her contemporaries washed and re-used plastic bread bags, we are certainly all learning what is important in our lives and where we really want to spend that money. Spending for spending sake is well and truly a thing of the past.

Once the spending crisis ends (and remember that is only a short term correction) eventually the world markets will get used to the new spending philosophy.

The third leg of this will be the Global Technology Crisis. Technology is changing at a huge rate and it is impacting on every business, whether we are aware of it or not. All business people should be looking constantly at their business to see what the impact of technology is – social media, new developments, processes which will become redundant, and, most exciting of all, where new opportunities for businesses exist. In five years time, virtually no business will be operating in an identical way to how it is now.

The thing to remember of course is that this is a transition economy and that this three legged driver of change will bring huge opportunity for businesses along with challenges.

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Time for a Cup of Tea

Barbara asks…..

Time for a cup of Tea ?

As Accountants, we are aware that our clients support us, and we also like to support them.

Yesterday I went to the Tea Lady in Birkenhead. A meeting had gone over time, and I wasn’t due back in the office for a while, and hadn’t had lunch. So I stepped into the Tea Lady in Hinemoa Street, and went back in time, sat down, had a lovely bowl of Nanette’s homemade mushroom soup and a soothing cup of tea. I walked out of the Tea Lady half an hour later feeling like I had had a virtual hug.

As well as beautiful homemade food and exquisite teas, the Tea Lady also sells a huge range of teas, tea pots and beautiful china, not to mention old fashioned English sweets in paper bags!

We love the Tea Lady (and recommend that if you are in the Birkenhead Point area, you pop in for a cuppa and a chance to unwind.)

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Banklink

Alex says…..

Recently Ann and I attended a Banklink Regional Training Clinic to hone our Banklink skills.

This was a refresher course so we can get the most out of Banklink for our clients and learn about the new updates happening.

We are now able to get prior transactions into Banklink from internet banking, or enter transactions manually if you have been thinking about a new system from 1 April this year, we can get have the whole year on this system.

If you want to look at using software for your business, contact us BEFORE you sign up or buy anything so we can match the software to your needs.

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Official Cash Rate (OCR)

Alex says…….

There is mention approx every six weeks about the Official Cash Rate or OCR – have you ever thought, “What does this impact and how does it impact me?”

The monetary policy of New Zealand is controlled by the Reserve Bank through the OCR and the amount of money the Reserve Bank allows into the New Zealand Economy. A Full overview is available at http://www.rbnz.govt.nz/monpol/about/0072140.html.

Firstly the OCR is used (with other monetary policy) to keep annual inflation between 1 and 3 per cent.

Secondly the OCR states the base interest rate of borrowing between two parties. Banks add their own margin on top of the OCR as they have to borrow money from the Reserve Bank and Offshore borrowers. Obviously there is also an element of risk and the length of borrowing built into interest rates.
This explains why there is a difference between the interest you receive on money held in the bank and the interest rate you pay on your mortgage or personal loan.

Finally the OCR is also influenced by the amount of money we spend and how we fund that spending. If we are using borrowed funds – Visa Cards, GE Accounts, Hire Purchase Agreements, or Debt Consolidation Loans to spend, then the banks and financial institutions have to borrow more and the cycle continues.

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