Legal Published Article by Ian Mellett of Quay Law – Process of Buying a Home

Buying or selling a home is one of the biggest financial commitments you will ever make.

There are several relatively complicated stages to negotiate and there are a number of things to look out for.

The law article by Ian Mellett covers the following

  • preparing an offer
  • The Sale and Purchase Agreement
  • Can I cancel the agreement?
  • Satisfying Conditions as set out in the Sale and Purchase Agreement
  • Post Confirmation and preparation for Property Transfer
  • Loan and Mortgage Documentation
  • Insurance Cover
  • Pre Settlement Property inspection
  • Possession / Settlement

 Click on Link for full article or for additional information please feel free to contact Auckland lawyer Ian Mellett on (09) 5232408.

Our property focused website – http://www.propertylawnz.co.nz/

What is a trust?

A question our Auckland lawyers and trust specialists are often asked  is “What is a  trust ?”

By way of a simple explanation, a trust is a form of transport, much like a container truck.  The driver and co-driver are the Trustees, who are charged with ensuring the safe transportation of the container contents, being the Trusts Assets, for the benefits of the recipient, being the Beneficiaries of the Trust.

Could a trust benefit me and my family and when should I use a trust ?

It is advisable to meet with a trust specialist as soon as you have any assets. Ask yourself, do I want to lose my assets to creditors or the Government?  If the answer is “No” to those questions, then speak to a Trust specialist regarding a  Trust.  Trusts are an invaluable asset protection tool and mechanism for preserving one’s wealth.

If you have an existing trust,  it is advisable that this trust and gifting is reviewed with your trust specialist in order for your trust to be brought into line with the Gift Duty changes that have occurred during 2011.  This law change has a  practical impact and effect on people with existing family trusts, and also for those contemplating the establishment of a new family trust.

To contact a lawyer at Quay Law and to further the discussion around “what is a trust and can it benefit my family and circumstances?”  contact Quay Law on (09) 523 2408 or visit our legal website.

Quay Law Barrister and Solicitor – unlocking your legal solutions   

Radical plan for SME tax

Radical plan for SME tax – source Stuff
Last updated 16/05/2012

JENNY KEOWN

The New Zealand Institute of Chartered Accountants has released a ”radical” paper on how to tax small businesses that potentially takes business away from accountants.

Launching the plan in Auckland today, NZICA chief executive Terry McLaughlin said the changes were in the public interest because they were simplified and offered more opportunity for small business owners to file their own returns.

”I have a statutory obligation to act in the public interest and that differentiates us from other bodies,” he said.

”Now and again you have to make some bold calls and influence the policy agenda. We are very aware that the proposal cuts across established income tax accounting, but we believe this is necessary in order to deliver simplicity to small business owners.”

It’s proposing a ”rule of one” for small business; one return and one payment each month
for income tax and GST compliance.

Currently, businesses regardless of size have all the same complex compliance issues as to how they pay GST and tax.

This often means some micro business can’t be bothered filling in forms and don’t bother to pay tax on income.

Under the proposed tax rules, a business can pay a flat income tax, which covers ACC liabilities, and other obligations.

The proposed plan would differentiate business with no employees, a turnover of less than $60,000, and unregistered for GST. They would pay a tax rate of 14 per cent if they are not traders and 7 per cent if they trade in goods.

What NZICA calls the ”centrepiece” of its proposal is a system based on GST for small businesses with turnover less than $600,000.

Income tax will be calculated on a cash basis on the GST return and will be essentially a final tax. Income tax and GST will be calculated and paid twice monthly.

The Institute began consulting with small business groups, and tax policy officials in October 2009, sparked by members complaints about the complexity of the current system.

On the question of how this affects accountants, McLaughlin said it looked at ways to preserve the value of chartered accountants and came up with a ”health check” system; which essentially means a business will be periodically reviewed by a chartered accountant.

McLaughlin concedes that its proposal wasn’t popular among some of its members, but said many saw this as an opportunity to be freed up to offer better value for money advice on business strategy, sales plan or other business costings.

- © Fairfax NZ News

New Zealand immigration policy changes

The changes to immigration family policies will help New Zealand attract and retain skilled migrants, and ensure that family migrants can settle well and are self-sufficient.
New Zealand faces growing global competition for migrants with the skills we need to grow our economy. Being able to sponsor your parents to live here is important to help attract and retain skilled migrants. As a result of these policy changes, many skilled migrants who wish to sponsor their parents for residence here will experience a swifter decision and less bureaucratic criteria. This will give New Zealand a competitive advantage in the international hunt for these highly skilled workers.

These immigration policy changes will also help ensure we are attracting family migrants who are self-sufficient and can settle well. The door will still be open to parents of other migrants but their applications will not be prioritised.

Key changes are as follows:
Parent Category
Parents will be prioritised:
who either have a guaranteed minimum income, or bring funds with them, so are better able to support themselves, or
whose adult children earn enough to support their parents without any need for taxpayer assistance.
Parents with poor English will continue to be eligible but they must purchase English language tuition to help them to settle well in New Zealand.
Background
Sponsored parents help maintain family and cultural linkages but most (87 percent of parents surveyed after 18 months residence in New Zealand) are not in paid employment.

Around 3,500 – 4,000 parents are approved for residence each year.
Sibling and Adult Children Category
The Sibling and Adult Child Category will close because it does not generate sufficient economic benefit for New Zealand.
Background
Only 66 percent of sponsored siblings and adult children interviewed 18 months after gaining residence had jobs, despite a job offer for ongoing and sustainable work being required to gain residence.
Residence requirements for young adult children
The Dependent Child Category and associated residence requirements will be amended.

The criteria are being relaxed so that young adult children aged 18 to 20 may be eligible for residence – even if they have a job in their home country – provided they are single, have no children and are included, or were declared, in their parents’ residence application.

Previously adult children in that age group were not able to be included in their parents’ residence application if they had a job in their home country.

Those aged 21 to 24 will still only be eligible to migrate if they can show that they are financially dependent.
Changes to the sponsorship period
Sponsorship includes a responsibility on the New Zealand sponsor to ensure the sponsored person has accommodation and maintenance for a specified time while in New Zealand. Sponsors are also responsible for the costs of outward travel (if repatriation or deportation is required).

The sponsorship term for parents will initially remain at five years, but the Government has decided it will amend the Immigration Act 2009 at some time in the future to extend the sponsorship term for family-sponsored migrants to 10 years.

The timing for this amendment has not been decided.

Find out more call a lawyer at Auckland law firm Quay Law – Contact an Auckland Lawyer

Your Will and Facebook

It is prudent to regularly review your Will to cater for changing circumstances in your life.

Have you considered making reference to your Facebook and other social media accounts.  Who should control these once you have passed away?

If you have not taken your social media accounts into consideration when drafting your Will,  our Auckland legal team would be well placed to assist you if necessary.

Ian Mellett
Principal and Lawyer at Auckland law firm Quay Law.

www.lawyer-in.co.nz                  Facebook and Social Media Law      Contact Us

What is estate administration?

Estate Administration is the process of carrying out a person’s wishes as set out in their Will.  Making sure their assets are transferred to beneficiaries as smoothly and efficiently as possible.

In simple cases it may take just a few weeks to settle everything after Court approval, or longer if there are assets to sell, or any legal or family issues.

For more information on your particular estate administration requirements contact the lawyers at Quay Law Barrister and Solicitors in Auckland.

www.the-lawyers.co.nz                 Phone: +64 9 5232408                  Contact Us

Privacy Laws in NZ to be overhauled

Source: stuff

The Government plans to overhaul 20-year-old privacy laws following ”huge changes to technology”.

Justice Minister Judith Collins today announced the Government would repeal and re-enact the Privacy Act 1993 following a Law Commission report released last year, which made more than 100 recommendations.

“Our current privacy law has been in place for almost 20 years and predates the creation of the internet,” Collins said.

“Huge changes to technology and information flows have occurred during that time and they have overtaken our privacy laws.”

Collins said people were expecting more information to be available quickly and were more likely to share “private information”.

“The foundations of the Act are sound, but it needs to be updated to reflect our changing attitudes and the way people, business and government use information in the 21st century.”

The Justice Ministry was reviewing the Law Commission’s recommendations and would report back to the Government in September.

Further announcements about specific policy proposals would be made later this year, Collins said.

Privacy Commissioner Marie Shroff welcomed the government’s plans.

“Things have changed enormously since the Privacy Act was passed nearly twenty years ago,” she said.

“Privacy is as important to people as it’s ever been. But the Act doesn’t always give people the protection they expect and need, particularly in the context of modern technology.

“The need for reform is urgent. We want people to trust the new ways in which business and government work. They won’t do that unless they’re sure that their personal information is properly safeguarded.”

IRD to Tighten Rules on Student Loans

(Published in New Zealand Taxation)

The Student Loan scheme is set to change, with stricter rules being implemented on borrowers, especially those who travel overseas for extend periods of time.

On March 13th Parliament received a report from the New Zealand Finance and Expenditure Committee on the upcoming Student Loan Scheme Amendment Bill. The newly published report contains a summary of the major changes that will be implemented in the bill, along with responses to public submissions that were made regarding the national student loan scheme and potential changes to the system.

According to the report, one of the biggest changes brought in by the new bill will be the exclusion of loses from the calculation of incomes for student loan repayments, which will increase personal responsibility for debt repayment and maximize the amount of payments of loans.

The new Bill will also bring in rules mandating that all new student loan applications must nominate a third party to be responsible for maintaining up to date contact details of the borrower, and providing the information to Study Link upon request. The new regulations will allow the Inland Revenue Department to receive and use the contact details of the nominated person, when trying to reach a student loan holder who has left New Zealand.

The repayment holiday currently available to borrowers who travel overseas will be reduced from three years to one year. Anyone applying for the repayment break will be required to provide details of a New Zealand based contact person in order to be granted the holiday.

The new report also contained several questions that were raised by the public regarding the Student Loan amendments, however, the Committee did not recommend changes to the Bill following the raised concerns.

Revenue Minister Outlines Tax Changes

Article published in NZ TAXATION and seen in LinkedIN

Revenue Minister Outlines Tax Changes

New Zealand will strive to to ensure that the national tax system stays modern and efficient while providing adequate streams of revenues for the government.

While giving a speech at a conference of the Tax Agent’s Institute of New Zealand in Waitangi on March 9th, the Revenue Minister Peter Dunne summarized the government’s intentions for the national tax system and describe the actions that will be taken to improve the country’s economic performance over the next year.

According to the Minister, later in March the government will release its tax policy work programme for the next eighteen months, outlining a number of small changes to the tax system aimed at increasing the international competitiveness of New Zealand and raising the productivity in the national economy. He explained that the programme will maintain the present tax regulations, but will contain a number of small and “mundane” changes which will assist the government in achieving its own fiscal priorities.

Aside from raising extra tax revenues, the work programme will also aim to reduce the administration and processing costs borne by the Inland Revenue Department, and will also lower the compliance costs faced by taxpayers in New Zealand.

In his speech the Minister also confirmed that investigations are currently being held into the feasibility of upgrading the IRD’s technological systems. The IRD’s current IT infrastructure was designed over two decades ago, and was not intended to handle the Student Loan repayments, KiwiSaver and processing of child support payments. In addition, the systems did not originally take into account the possibility of electronic filing and storage of electronic documents of taxpayers, and work will need to be done to facilitate a greater use of electronic filing and record keeping in New Zealand.

Probate and Estate Administration – Resolving the Estate

Coping with the death of a loved one is never easy.  If you are confronted with that situation our legal team at Quay Law are able to assist you with the adminstration of the Estate..

Once we have received the instructions to act  and administer the Estate, we commence with the  practical matters of resolving the Estate,   Our first action is to obtain Probate from the High Court (the authority to enable you to administer the Will).   Probate allows  us to gain access to Bank accounts and so on at the earliest possible opportunity.

For more information regarding the administration of an Estate, please contact a lawyer at Quay Law.

Ph: 09 5232408               www.yourwill.co.nz

Contact Quay Law

Heir vs Beneficiary of a Will.

A last will and testament  is  important.  Mistakes or misunderstandings can be costly, both emotionally and financially for your heirs.  It is important that your will is carefully drafted so as to ensure, as far as possible, that it will not be attacked from some quarter following your death.

A frequently asked question.  What is the difference between heir and beneficiaries?  The difference of heir vs. beneficiary is a common question amongst those engaged in estate planning. Heir refers to individuals entitled to assets owned by a deceased relative. Beneficiary refers to individuals who receive inheritance gifts through a decedent’s last will and testament.

For more information regarding your will please contact our Auckland lawyers at  Quay Law Barrister and Solicitor.

Ph: 09 5232408

 

Is your Last Will and Testament up to date OR do you even have a Will?

Time to review your Will?

Our lawyers recommend that you review your Will regularly. By way of example. Some wills include specific bequests to particular heirs e.g. my house (address) to “A” and my shares (company name) to “B”.

Do you still own that house at that address and those shares in that company?

Life takes its course and circumstances change. A regular review will ensure your Will is up to date and written for your current situation.

Auckland Law Firm Ph: (09) 523 2408

LINK: www.yourwill.co.nz

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