Eichmann v Commissioner of Taxation [2020] FCAFC 155

Appeal from: Commissioner of Taxation v Eichmann [2019] FCA 2155

TAXATION – appeal from judgment of Federal Court of Australia setting aside decision of Administrative Appeals Tribunal in relation to private ruling – where ruled facts stated that relevant entity carried on a business of building, bricklaying and paving – where taxpayer sought ruling that a block of land used by that business for storage of work tools, equipment and materials was an “active asset” for purposes of s. 152‑40 of Income Tax Assessment Act 1997 (Cth.) – where Commissioner ruled that land was not used in course of carrying on a building, bricklaying and paving business and was not active asset – where Tribunal set aside Commissioner’s decision and substituted decision that land was an active asset – whether correct test was identified for definition of an active asset – whether land was nonetheless an active asset based upon the facts described in ruling

Full decision here