Taxation Determination

TD 92/124

Income tax: property development: in what circumstances is land treated as 'trading stock'?

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FOI status:

may be releasedFOI number: I 1212935

This Determination, to the extent that it is capable of being a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953, is a public ruling for the purposes of that Part. Taxation Ruling TR 92/1 explains when a Determination is a public ruling and how it is binding on the Commissioner. Unless otherwise stated, the Determination applies to transactions entered into both before and after its date of issue.

1. Land is treated as trading stock for income tax purposes if:

.
it is acquired for the purpose of resale; and
.
a business activity which involves dealing in land has commenced.

2. Both the required purpose and the business activity must be present before land is treated as trading stock. The business activity is taken to have commenced when a taxpayer embarks on a definite and continuous cycle of operations designed to lead to the sale of the land.

3. It is not necessary that the acquisition of land be repetitive. A single acquisition of land for the purpose of development, subdivision and sale by a business commenced for that purpose would lead to the land being treated as trading stock.

Commissioner of Taxation
16/07/92

References

ATO references:
NO PD/1 A

ISSN 1038 - 3158

Related Rulings/Determinations:

TD 92/125
TD 92/126
TD 92/127
TD 92/128

Subject References:
land development
trading stock

Legislative References:
ITAA 25(1)

TD 92/124 history
  Date: Version: Change:
You are here 16 July 1992 Original ruling  
  7 April 2004 Consolidated ruling Addendum