GST payable on mortgagee sales

The Court of Appeal 1 has confirmed that GST is payable in respect of a mortgagee sale and is to be paid to Inland Revenue in priority over any secured creditors – the GST is effectively a cost of sale.

This reverses the High Court decision 2 which held that secured creditors enjoyed priority over the Inland Revenue.

We understand that the Court of Appeal decision is to be appealed to the Privy Council.

  1. CIR v Edgewater Motel Ltd (2002) 20 NZTC 17, 984
  2. Edgewater Motel v CIR (2002) 20 NZTC 17, 713

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This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.