Thursday, 15th March
Registration from 5.15pm for a 5.30pm start
Canapes and drinks served 6.30pm – 7.30pm

Property development is a complex beast and in a rising property market everyone seems to have their hand out for a piece of the pie – be it developers, land owners or (in particular) Governments. In this presentation we will examine some topical issues arising out of the tax treatment of property development (at both Federal and State levels) as well commercial matters to consider when structuring a development.

This seminar is aimed at Accountants, Financial Planners and those advising individuals and companies about property development. 

SEMINAR TOPICS WILL INCLUDE:

Capital, scheme, or trading stock? – tax characterisation in property
Presented by Rob Jeremiah, Principal

Increases in property values and associated development activities means that property development is currently a ‘hot’ area of focus for the ATO. The characterisation of a gain from the disposal of land as either capital, income as part of a profit-making scheme, or as the disposal of trading stock can result in significant differences in the quantum and timing of tax payments. This session will consider: 

• tax consequences of characterisation
• multi-staged developments
• what the ATO looks for when (or if) it comes looking?

Property Development Agreements – are they dead and buried?
Presented by Victor Di Felice, Principal

At a time when land owners are demanding higher prices and shorter terms on sales of development sites (and finding willing developers as buyers), is there still a place for Development Agreements? Can developers make a case for land owners “sharing in the upside”? This presentation explores current commercial issues arising in Property Development Agreement negotiations, together with potential alternatives.

Duty and land tax issues with property development and foreign purchasers
Presented by Stuart Monotti, Special Counsel

State taxes are often not front of mind when considering property development but often they should be. This session will examine a number of state taxes issues that need to be considered when structuring property development:

• Moving properties into trusts and super funds duty free
• Partitioning – can you have your cake and eat it too?
• Maintaining the primary production land tax exemption during the development of farm land
• Dealing with the Growth Areas Infrastructure Contribution “GAIC”
• Ensuring trusts are not foreign trusts for duty and land tax surcharges