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The significance of the land/chattels distinction in an infrastructure context

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Published on 01 Jun 17 by "THE TAX SPECIALIST" JOURNAL ARTICLE

The distinction between land and chattels can be significant to investors in infrastructure, both for the purpose of determining whether Div 6C of the Income Tax Assessment Act 1936 applies and whether assets are taxable Australian property. This article examines the significance of the distinction between land and chattels in three different statutory contexts: Div 6C, Div 855 of the Income Tax Assessment Act 1997, and stamp duty. The author outlines the inconsistencies between the definitions used in Div 6C and Div 855, and highlights the potential conflict between avoiding the application of Div 6C while also remaining outside the taxable Australian property regime.

Author profile

Michael Flynn KC CTA-Life
Photo of author, Michael FLYNN Michael Flynn KC, CTA (Life), is a Barrister at Owen Dixon Chambers West, specialising in taxation, and was National President of The Tax Institute in 2014. Michael has appeared in many leading taxation cases in the Federal Court and the High Court and has been a member of various committees of The Tax Institute over the past 25 years. - Current at 30 November 2023
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