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Property development agreements - Legal and tax structuring issues paper

Member Price: $57.00
Non Member Price: $75.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 06 Aug 09 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 in 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 their flexibility around developer fee methodology?
  • is a management committee essential?
  • should there be a power of attorney?
  • emerging trends.

Author profile

Michael Taylor-Sands
Michael advises on property development transactions and joint ventures, structuring of acquisitions, divestments and commercial transactions. He has experience advising residential and commercial property developers in connection with income tax, stamp duty, GST, land tax and GAIC, as they impact land procurement and delivery structures. He is a current committee member of UDIA, PCA and the SRO State Taxes Consultative Committee. He represented the UDIA in consultations with Government on both GAIC (2005) and WGT (2021) and has unique insight into the formulation and implementation of both regimes as a result. - Current at 15 August 2022
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This was presented at Recent Developments in Property Development .

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Individual sessions

Income tax issues in property development

Author(s):  Frank HINOPOROS

Materials from this session:

Property development agreements - Legal and tax structuring issues

Author(s):  Michael TAYLOR-SANDS

Materials from this session:

Recent developments in property development

Author(s):  Peter QUATTROCCHI

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