Racing NSW, the state’s regulating body for thoroughbred racing, has for almost two years argued it shouldn’t have to pay a $226,000 stamp duty bill on a 2600-acre (1052 ha) property near Capertee northwest of Sydney.
The property, purchased in June 2017 for $5.1 million, was bought to rehabilitate, retrain and rehome thoroughbreds after their racing careers.
The racing authority had argued it was primarily charitable or benevolent and that it purchased the land on behalf of a racing trust.
But NCAT member John Currie noted the tax exemption couldn’t apply given the intended use of the property and rejected the claims.
He said even on “a generous view” Racing NSW’s objectives could only be regarded as being of “a mixed character”.
“Racing NSW’s resources are not, in accordance with its rules or objects, used wholly or predominantly for the relief of poverty in Australia or for the promotion of education in Australia,” he said on Friday.
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