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Australia ordinary incomeland development

FCT v Whitford's Beach Pty Ltd

Federal Commissioner of Taxation v Whitfords Beach Pty Ltd [1982] HCA 8; (1982) 150 CLR 355
JurisdictionAustralia
CourtHigh Court of Australia
Year1982
StatusBinding authority

Key Principle

Profit from the sale of land is assessable as ordinary income, not a mere realisation of a capital asset, where the taxpayer goes beyond passively realising an asset and instead carries on (or embarks upon) a business or commercial undertaking of subdividing and developing the land for profit.

Area of Law

General

Related Cases

Hopper & Anor v State of Victoria [2026] HCA 11
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101
City of Parramatta Council v Transport for NSW [2026] NSWSC 294

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