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Property development agreements legal & tax structuring issues paper

Published on 12 Apr 11 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • what are PDA's
  • in what circumstances are PDA's typically used?
  • how do PDA structures typically look?
  • what commercial reasons drive the use of PDA's?
  • what revenue reasons drive the use of PDA's?
  • what are the downsides of using PDA's?
  • what vehicles typically appear in PDA structures and why?
  • what are the security issues in a PDA structure?
  • what are the key elements of the document?
  • is there flexibility around developer fee methodology?
  • is a management committee essential?
  • should there be a power of attorney?
  • emerging trends.

Author profile

Michael Taylor-Sands FTI
Sue is a Partner at Clayton Utz specialising in taxation and stamp duty. She has represented a range of significant clients on the full spectrum of taxation matters including advising on transactions, international tax, general corporate tax and tax litigation. Sue has participated on various committees and consults with Treasury and the ATO on taxation issues. - Current at 30 August 2017
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