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Government signals repeal of gift duty

A Media Statement, from Hon Peter Dunne Minister of Revenue issued on 10 June 2010 (full statement below) signals an end to Gift Duty. 

Given compliance costs and the ineffective revenue 
benefits, this is to be welcomed

The Government intends to repeal gift duty if concerns around creditor protection and social assistance targeting can be addressed, Revenue Minister Peter Dunne announced today. “Officials have been reviewing the gift duty rules for several months, and a strong case has emerged for repealing the rules altogether,” Mr Dunne said. Gift duty was originally introduced to prevent people from circumventing the estate duty rules. When estate duty was abolished, with effect from 1992, gift duty was retained to prevent people from gifting away large assets, where doing so may undermine the interests of creditors, minimise income tax liability or enable access to social assistance. “The use of gifting programmes ensures that gift duty is not paid in most situations,” Mr Dunne said. “For example, assets are sold at market value, usually to a trust, in exchange for a debt which is progressively forgiven. This means that the vast majority of gift duty statements that Inland Revenue receives are not liable for duty. “The result is that very little revenue is being collected, but at a significant cost to Inland Revenue and to the private sector in compliance costs,” he said. “The alignment of the top personal tax rate with the trustee tax rate announced in Budget 2010 will significantly reduce the motivation to minimise tax obligations through gifting to trusts. “However, there are still some valid concerns around preventing gifting which may undermine the interests of creditors or which enables access to social assistance. “Officials have been talking to relevant government departments about these issues and possible new protection measures. “There will be further consultations over the next few months, and if gift duty is to be repealed, I intend to include it in a tax bill to be introduced in November this year.” Mr Dunne said. Mr Dunne said that as leader of UnitedFuture he was especially pleased that gift duty looks likely to be abolished. “Removing gift duty has long been UnitedFuture policy,” he said. Ends