Amazon Property Group Pty Ltd v Commissioner of State Revenue
[2016] VCAT 1439
At a glance
Source factsCourt
Victorian Civil and Administrative Tribunal
Decision date
2016-08-29
Source
Original judgment source is linked above.
Judgment (9 paragraphs)
- The applicant claims that in the years 2009 and 2010, it was preparing for primary production in relation to Lots 3, 4 and 5 in that it carried out fencing, purchased sheep, purchased extra bath tubs for water and ploughed Lot 5.
- Mr Morgan also submitted that Lot 4 was prepared for primary production in the years 2012 and 2013. However in the light of the findings that I made in relation to s.66 that Lot 4 was primarily used for primary production in those years, it is unnecessary for me to deal with that submission.
- In relation to preparation of land for primary production, Croft J at [34] and the CPDV case stated:
"In relation to preparation of the land for cultivation, reference was also made by the appellants - and reliance upon - on the provisions of s.68 of the Act which provide an exemption from land tax if the Commissioner is satisfied, inter alia, that the land is being prepared for a primary production. The provisions of s.66 and 68 must be read together, particularly as they are not only in the same statute, but also in the same division, Division 2 of Part 4 (exemptions and concessions) "a division entitled and directed to 'Primary production of land'. ... I do not take it, however, that the appellants are suggesting that preparatory work as part of 'cultivation' for the purposes of s.66 and the definition of 'primary production' would not have a greater intimacy and temporal proximity to the process of seeding growing and harvesting contemplated by these provisions - then what might be contemplated by s.68 ..."