Determining whether a land subdivision is just selling property or part of a business or profit-making scheme depends on specific factors. Two key cases help understand this:
(A) Statham's case: Subdividing farmland without much involvement or significant activity was seen as a capital asset realization, not a business.
(B) Stevenson's case: Involving extensive activities like managing the project, doing land clearing, and handling council matters, along with significant investments, showed a business in land development.
The closer a subdivision is to Stevenson's case—lots of personal involvement, heavy expenses, and a clear profit-making intention—the more likely it's seen as a business or profit scheme, not just selling land.
If you need more help, contact Tax Ideas Accountants & Advisers at +61 2 83181545 or book an appointment through our live calendar.
