Advice under development: Decision impact statement on Commissioner of Taxation v Morton [2026] FCAFC 31
Issue: Whether the sale of subdivided lots amounts to embarking on a business of developing land or venturing the land into a profit-making scheme
Category: Income tax
Type of advice: Decision impact statement
Status: Under development
Purpose: This Decision impact statement confirms that the decision in this case does not represent any departure from the Commissioner’s approach to property development issues. Taxation Rulings TR 97/11 Income tax: am I carrying on a business of primary production? and TR 92/3 Income tax: whether profits on isolated transactions are income continue to articulate our view and the relevant analytical framework. Existing case law and relevant legal principles concerning whether a taxpayer is carrying on a business and undertaking a profit-making undertaking or plan will continue to apply to matters involving property development issues in accordance with this existing ATO guidance.
Comments: The Decision impact statement on Commissioner of Taxation v Morton [2026] FCAFC 31 published on 5 June 2026. Comments period closed on 3 July 2026.
Referenced documents: Decision impact statement | TR 97/11 | TR 92/3