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Real Tax Deed
"I need a Real Tax Deed for a commercial property purchase in Sydney, Australia, involving a foreign investor purchasing a $50M office building, with specific provisions for GST, stamp duty, and foreign investment requirements to be completed by March 2025."
1. Parties: Identification of all parties to the deed, including their full legal names, ACN/ABN, and addresses
2. Background: Context of the transaction, relationship between parties, and purpose of the deed
3. Definitions and Interpretation: Detailed definitions of terms used throughout the deed and rules for interpretation
4. Tax Obligations: Outline of specific tax obligations, including GST, stamp duty, land tax, and other applicable taxes
5. Payment and Reimbursement: Terms for payment of tax amounts, including timing, method, and reimbursement procedures
6. Tax Indemnities: Indemnities related to tax liabilities, including scope and limitations
7. GST Provisions: Specific provisions relating to GST treatment, including registration requirements and tax invoice obligations
8. Record Keeping and Information Exchange: Obligations regarding maintenance and sharing of tax-related records and information
9. Dispute Resolution: Procedures for resolving tax-related disputes between parties
10. Governing Law and Jurisdiction: Specification of applicable law and jurisdiction for the deed
1. Foreign Investment Provisions: Include when one or more parties are foreign entities, addressing FIRB requirements and foreign investor obligations
2. Land Tax Specific Provisions: Include for commercial property transactions where land tax obligations need specific attention
3. Capital Gains Tax Provisions: Include when the transaction involves potential capital gains tax implications requiring specific handling
4. Stamp Duty Arrangements: Include when parties need specific arrangements regarding stamp duty payment and liability
5. Tax Consolidation Provisions: Include when parties are part of a tax consolidated group
6. International Tax Provisions: Include when transaction has international tax implications or involves cross-border elements
7. Tax Warranty Claims: Include when specific tax warranties need separate claim procedures
8. Change in Law Provisions: Include when parties want to address potential changes in tax legislation
1. Schedule 1 - Tax Calculation Methodology: Detailed methodology for calculating various tax obligations
2. Schedule 2 - Property Details: Specific details of the property/properties subject to the deed
3. Schedule 3 - Tax Payment Schedule: Timeline and breakdown of tax payments
4. Schedule 4 - Required Notices and Forms: Templates for tax-related notices and forms required under the deed
5. Schedule 5 - Pre-existing Tax Liabilities: List of any pre-existing tax liabilities and their treatment
6. Appendix A - Relevant Tax Rulings: Copies or summaries of relevant tax rulings affecting the transaction
7. Appendix B - Tax Compliance Certificates: Copies of relevant tax compliance certificates
8. Appendix C - Supporting Documents: Additional documentation supporting tax positions taken in the deed
Authors
Real Estate
Commercial Property
Property Development
Construction
Infrastructure
Investment Management
Property Management
Real Estate Investment Trusts
Property Trusts
Corporate Real Estate
Legal
Tax
Finance
Real Estate
Compliance
Risk Management
Property Management
Corporate Development
Investment
Treasury
Tax Manager
Property Lawyer
Real Estate Attorney
Tax Director
Chief Financial Officer
Property Development Manager
Real Estate Investment Manager
Tax Consultant
Property Transaction Manager
Compliance Officer
Real Estate Finance Manager
Tax Partner
Property Portfolio Manager
Risk Manager
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