06/09/2026
GST Is Not Your Business's Money.
GST collected is not income. It is tax collected from customers on behalf of the Government and must be paid to Inland Revenue by the due date.
Using GST funds to pay wages, suppliers, rent, or other operating expenses does not remove the obligation to pay that GST. The debt remains payable to Inland Revenue regardless of how the money was spent.
Likewise, closing a company or walking away from it does not automatically make unpaid GST disappear. While directors are not personally liable for every company debt, personal liability can arise in certain circumstances, particularly where directors breach their duties under the Companies Act 1993.
Examples include:
Reckless trading (section 135)
Directors must not allow a company to operate in a manner that creates a substantial risk of serious loss to creditors, including Inland Revenue.
Incurring obligations (section 136)
Directors must not agree to the company incurring an obligation unless they reasonably believe the company will be able to meet that obligation when it falls due.
Court-ordered contribution (section 301)
Following liquidation, a liquidator may apply to the court for an order requiring a director to contribute compensation where a breach of duty is established.
The message is simple: set GST aside, file returns on time, and pay GST when it is due.
If your business is struggling to meet its tax obligations, do not ignore the problem or continue accumulating debt without professional advice.
Contact Inland Revenue and seek assistance from your accountant as early as possible.
GST is not working capital. It is money held on behalf of the Government and should be treated accordingly.