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Exemption - land being prepared for primary production

Background

The taxpayer objected to reassessments of land tax for the 2015 and 2016 land tax years on the basis that the disputed lands were exempt under s68 of the Land Tax Act as they were being prepared for primary production.    

Decision

On 10 June 2020, the Tribunal found in favour of the Commissioner and confirmed the reassessments. The Tribunal held that the taxpayer did not discharge its onus of proving that the disputed  lands were being prepared for primary production during the 12 or 24 month period under s68(1)(a), and any works undertaken on the disputed  lands could be seen to be consistent with getting the disputed  lands ready for sale.

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