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Does land you own qualify for primary production exemption from land tax? paper

Published on 02 Jun 16 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • what the law actually provides
  • how the OSR is currently seeking to apply the law
  • how the courts have drawn dividing lines
  • traps to be wary of, particularly where land is used by persons other than the owner
  • evolving from primary production to land development – when does the exemption cease?
  • ways to seek early certainty, OSR private rulings and OSR approval of exemption applications.

Author profile

Andrew Rider CTA
Andrew Rider, CTA, is a recognised Doyle’s Guide leading Australian tax barrister, specialising in land tax, payroll tax and stamp duty litigation and dispute resolution. Prior to coming to the Bar, Andrew was a solicitor and Associate to Justice Michael Kirby. Andrew lectures in taxation law at the University of Sydney Law School and previously lectured at the University of Technology, Sydney. Andrew edits the leading stamp duty publication Australian Stamp Duties Law and authors the national stamp duty section of the leading online service Practical Guidance – Property Law. Andrew is an examiner with The Tax Institute and a member of The Tax Institute/Office of State Revenue Liaison Committee and Dispute Resolution Technical Committee. - Current at 19 September 2019
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This was presented at NSW 9th Annual Tax Forum .

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