Date posted: 09/02/2023

Submission on GST – Section 58: Specified agents of incapacitated persons, and mortgagees in possession

CAANZ’s feedback on the draft interpretation statement.

The draft is an update of an Inland Revenue policy statement “GST – specified agent for incapacitated persons“ published in the Tax Information Bulletin Volume 7, No 6 (December 1995). The earlier statement included only an explanation of the law and some examples but the updated statement explains more clearly how the law applies in each of the following specific situations:

  • Death, liquidation and receivership;
  • Bankruptcy; and 
  • Mortgagee in possession.

CA ANZ recommends that:

  • the interpretation statement be expanded to cover situations where both a liquidator and receiver are appointed.
  • you check whether the analysis regarding bankruptcy accords with current practice.

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