The ‘Vacant Land’ Exclusions (2) – The ‘Carrying on (any) Business’ Exception (2)

This section expands on the exception related to "carrying on a business." According to Section 26-102(9), it provides relief for vacant land used or available for use in any business, not specifically the taxpayer's or a related entity's business, as long as the land is rented at a fair price.

While the previous exception applies only when the business is conducted by the landholder or a related entity, this new exception under Section 26-102(9) applies regardless of who operates a business on the vacant land, given that certain conditions are met:

1. The vacant land is leased, hired, or licensed to another entity, related or not, at a fair price.
2. The land is used or available for use in conducting a business by any taxpayer.
3. The land doesn't include residential premises, and no residential buildings are being built on it.

This extension aims to support taxpayers who legitimately rent out vacant land, allowing them to offset their holding costs against any income generated.

For this exception to apply, the lease agreement, whether between related or unrelated parties, must be made at a fair price, reflecting what independent parties in a similar situation might agree on. For example:

If Party A owns a vacant lot leased to Party B (unrelated) as a car park for Party B's existing business, and the lease is at a fair market rate, Party A can deduct holding costs from the rental income.

However, if Party A and Party B are friends and agree to charge rent only to cover costs (below market value), Party A cannot claim deductions for holding costs because the lease doesn't meet the first condition mentioned above.

Should you have any questions or need assistance, feel free to reach out to                            Tax Ideas Accountants & Advisers at +61 2 83181545 or book an appointment through our live calendar.

• The New 'Vacant Land' Rule (1)
• The New ‘Vacant Land’ Rule (2) – ‘Substantial and Permanent Structure’
• The New ‘Vacant Land’ Rule (3) – ‘In Use or Available for Use’
• The ‘Vacant Land’ Exclusions (1) – The ‘Carrying on A Business’ Exception (1)
• The ‘Vacant Land’ Exclusions (3) – ‘Primary Producer’ and ‘Exceptional Circumstances’ Exceptions