This Commissioner’s practice outlines:
- the factors the Commissioner will consider when determining whether farming property is used in a business of primary production and
- how the Commissioner will exercise discretion to determine if a transferor used farming property in the business of primary production immediately before the property is transferred.
Read this practice together with the ‘Exempt Family Farm Transactions – Transfer Duty’ fact sheet.
This Commissioner's practice covers:
- dominant use of the land
- establishing primary production activities as a business
- business indicators
- significant commercial purpose or character
- intention to farm
- profit-making purpose
- activities organised in a business-like manner
- similar characteristics and manner to other businesses
- business or hobby
- farming immediately before the transaction
