The draft QWBA concludes that “Land that has been used predominantly as business premises is not subject to the bright-line test, even if the land has a dwelling on it. “Business premises” means a building and any surrounding associated land from which a person carries on a business.
Land will be used predominantly as business premises where:
- more than 50% of the area of the land has been used as business premises, and
- the land has been used as business premises for more than 50% of the time the seller owned it.”
In CA ANZ’s view the exclusion should not be limited to land with a building, and each case should be considered on its own facts and circumstances. For example, a car yard should qualify as “business premises” even if there is no building.