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Reaping what you sow...some notes on primary production land restructure paper


Your clients contact you asking how to negotiate with a large energy company wanting to install wind turbines on their land. Another client has received correspondence from a mining company seeking to obtain their permission to the granting of exploration rights. Yet another client has been approached by a property developer and is considering re-zoning and subdividing one of their surplus coastal farm land into beachside allotments.

This paper considers the increasing trend of primary production landowners to be involved in transactions with large corporations in the E&R and property development industries. It works through a number of case studies addressing the specific commercial and tax issues arising from transactions of this kind.

Specific topics covered include:

  • taxation treatment of land access rights, easements, profit aprendres
  • nature of gain or profit - revenue or capital and do any concessions apply?
  • when does a farmer become a property developer for tax purposes - how to strategise for optimal outcomes
  • does my client transfer the land to an optimal structure prior to thetransaction - what are the costs and benefits?

Author profile

Peter Slegers CTA
Photo of author, Peter SLEGERS Peter is a Partner at Cowell Clarke and heads up the firm's Tax & Revenue Group. He provides specialist tax advice to public accountants and a wide range of corporate and medium to large family businesses as well as high net worth taxpayers. Peter has had a significant involvement with trust structures throughout his career and is the author on topical tax issues in CCH Tax Week and Taxation in Australia. Peter has a Master's degree in Taxation Law and is a member of The Tax Institute's State Council. - Current at 19 June 2012
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This was presented at Agribusiness - Planning to Succeed .

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