Category Archives: Commercial Property

Residential Land Withholding Tax


From 1 July 2016 we lawyers have been chosen for the honour, by the grace of her Majesty’s New Zealand Government, of becoming unpaid tax collectors for the Inland Revenue Department, whether we like it or not. From that date … Continue reading

Posted in Banking & Finance, Commercial Property, Property Law, Residential property, Tax Law | Tagged , , , , , | Leave a comment

Taxing Capital Gain – the IRD is coming for you


So.  In simple terms, people currently pay tax on capital gain if they acquired the property with the intention of resale -ie they are property traders, so profits made on resale are taxable.  Or they sell within 2 years and … Continue reading

Posted in Commercial Property, Property Law, Residential property, Tax Law, Uncategorized | Tagged , , , , , | Leave a comment

VENDOR RENT GUARANTEES. Not. Worth. Anything.


We aren’t talking about lease guarantees here, where you as the tenant guarantee to pay the rent and outgoings owed by your business. No, this post is about the sale of serviced apartments leased to the property’s manager.  I originally … Continue reading

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Reducing Depreciation Recovery


When the property cycle starts to look like it is peaking, the temptation to sell comes calling…..so it may be worth thinking about all the depreciation claimed on your investment property.  Does it all have to be repaid if the … Continue reading

Posted in Banking & Finance, Commercial Property, Property Law, Residential property, Tax Law, Unit Titles | Tagged , , , , , , , | Leave a comment

Liquidators vs the Humble Subcontractor – Voidable Payments


The NZ Supreme Court has struck a blow in defence of the humble subcontractor today…well…everyone that works on a building site, that is, rather than just subbies.  The head contractor and other tradespeople will also benefit from some certainty or, … Continue reading

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Glen William Cooper – sentenced.


Further to this post, Glenn Cooper was sentenced to nineteen months jail for his five guilty pleas on charges of dishonestly using a document. Short article regarding the offences can be found here. Congratulations to the Serious Fraud office, and … Continue reading

Posted in Banking & Finance, Commercial Property, Criminal Law, Litigation, Property Law, Residential property | Tagged | 1 Comment

Bank Loan Approvals – A word of caution


They don’t mean anything, and they never have. You may think you can go and make your offer in safety.  You can’t. All bank loan approvals are “indicative”…ie they merely indicate what the bank “might” be prepared to lend.  They … Continue reading

Posted in Banking & Finance, Business Law, Commercial Property, Property Law, Residential property, Securities Law, Subdivisions | Tagged , , , , | 1 Comment