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本帖最后由 crosstoasts 于 2016-2-10 10:43 编辑
请教海哥对2016年7月1日由可能实施的对海外买家征收预扣税政策如何解读。
小弟准备首次置业,有何影响?
多谢!
如下:
英文PDF:https://assets.documentcloud.org ... esidential-Land.pdf
Lawyers are objecting to a planned tax law reform, saying it could stop overseas land and apartment developers working in the housing-starved Auckland market.
The Auckland District Law Society's property law commission has made a hard-hitting submission against the Government's planned tax change which applies a potentially punitive resident withholding tax to overseas-based traders who buy then sell within two years.
The new law is due to come into effect on July 1.
Joanna Pidgeon, society vice president and a committee member, said if people were trading property for gain they should pay tax whether they were from New Zealand or overseas. IRD could audit and capture unpaid tax from New Zealanders, but it was harder to collect this from people who were overseas, Pidgeon said.
North Shore-based lawyer Nick Kearney is particularly concerned, saying Auckland desperately needed overseas developers, but the new law could severely deter them.
Nick Kearney. "This could literally stop development in Auckland overnight. Developers will be scared and they will just hold the land," predicted Kearney, who has a number of Asian-based clients working here. "If overseas developers don't develop property, who's going to do it? We have always had foreign capital coming in and this country needs it."
Some businesses may be forced to change directorships or shareholdings and appoint New Zealanders, he predicted.
The society's property law committee said the Taxation (Residential Land Withholding Tax, GST on Online Services and Student Loans) Bill would be detrimental to offshore-based developers working in Auckland.
These developers created desperately-needed Auckland residential subdivisions yet the law change was aimed at them, the committee complained.
"The development of housing has been a topic du jour for some time and in effect the Government will be scoring an own-goal by failing to include an exemption for reputable offshore persons/developers," the society said.
Former Revenue Minister Todd McClay said the change was about fairness and was the third part of the Government's investment property tax reforms announced in the Budget.
"This measure will act as a collection mechanism for the new bright-line test, which applies to gains from the sale of residential property purchased on or after 1 October 2015 and sold within two years," McClay said.
Continued below.
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"The RLWT [residential land withholding tax] proposal in the bill, together with the new bright-line test and changes to collect better tax information about buyers and sellers of residential property will help to ensure that everyone pays their fair share of tax on gains from property sales," he said.
Pidgeon is worried about apartment developers and land subdividers.
While the law would ensure foreign entities were held accountable for withholding tax its implementation could have a chilling effect on the market, she said.
"This will tie up their capital, which will delay the development of additional housing at a time when housing supply is urgently needed. There are many large, well established property developers who have been good taxpayers but who will be caught as offshore entities under this legislation," she predicted.
An entity is offshore even if one director or 25 per cent of its shareholders are overseas.
"They will have significant capital tied up pending completion of their tax returns, particularly as when assessing profits for calculation of the withholding tax no account is taken of expenditure, which in the case of subdivisions and apartment buildings is significant.
"It would be helpful to have an exemption for offshore taxpayers of good repute to ensure that this legislation does not clog their capital and impede development when it is desperately needed in Auckland. It is helpful to have a simple process for assessment, but adding either exemptions or bonds may soften a negative outcome from the legislation," Pidgeon said.
Tony Alexander, BNZ chief economist, says the three changes resulted in "a plethora of anecdotes - and nothing more than anecdotes - of Chinese offshore buyers pulling back from the Auckland market".
为了给新西兰房市降温,政府准备对海外买家征收“预扣税”,如今该法案正在征集意见中。现在,针对该法案,奥克兰法律界人士给出了明显的反对意见。
针对海外买家的“预扣税”政策,有望在今年7月1日开始实施。具体来讲,该政策就是要求海外投资者在卖房的时候,由房产过户律师代为扣取33%的房屋买卖收益,或者是代扣房屋购买总价的10%(两者之间取较低值)收取“预扣税”。
前税务部长Todd McClay表示,“预扣税”是政府房产税改革的第三步,之前实施的政策有:1.房产投资者买房两年内卖出必须缴税(两年明线政策),2.海外买家在买房时需要提供新西兰税号和银行账号。
McClay说,“有关住宅房产的预扣税政策和去年10月1日开始实施的增值税政策一起,将会确保每一位房产交易者都合理缴税”。
不过,奥克兰地区律师协会物权法委员会对“预扣税”法案提出了质疑。该委员会认为,奥克兰本身就存在“房屋短缺”的问题,该法案会影响外国开发商,进而让短缺问题雪上加霜。
据了解,按照法案,如果新西兰房产开发公司有一位股东是外国人、或者有25%的股份是外资,那么该公司就会被划入“海外投资者”,适用于预扣税政策。
物权法委员会认为,预扣税会影响开发公司的资金流,尤其是对公寓和土地分割开发商来说,由于无法及时抵税,影响巨大。而且由于政策的威慑力,让很多海外房产开发商驻足不前,会让奥克兰的房屋短缺问题恶化。
奥克兰北岸律师Nick Kearney表示,他有很多亚洲房产开发商客户,奥克兰迫切需要海外开发商,这个国家也需要海外资金。
但是新法案会成为严重的障碍物,Kearney说,“会立刻阻止他们的到来,或者他们只是持有土地而不敢开发。如果没有海外开发商建设住宅,谁来做这个工作?”
相关报道:
NZ再出房市调控政策 对海外买家征收预扣税 |
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