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

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

More by Michael TAYLOR-SANDS

• Victoria’s Growth Areas Infrastructure Contribution (GAIC) and Windfall Gains Tax (WGT) regimes – divergent by design paper - 28-July-2022
• Overview of the new Growth Areas Infrastructure Contribution (GAIC) Regime paper - 26-November-2009
• Property development agreements - Legal and tax structuring issues paper - 06-August-2009
• Questions & Answers: Conduit foreign income - 01-July-2007
• Non-residents: what Australia is doing to court them paper - 17-April-2007
• Questions & answers: Temporary Resident: A new class of Australian Taxpayer - 01-August-2006
• Australian companies with offshore businesses - the new order - 01-October-2004
• Australian Companies with Offshore Businesses - The New Order - 01-October-2004
• Collective investment vehicles: all aboard for flow-through taxation - 01-October-2000

Click here to expand/collapse more articles by Michael TAYLOR-SANDS.