Your shopping cart is empty

What is a “fixture” and why does it matter?


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 (Cth) 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 (Cth) and state duties — with a particular focus on two recent Supreme Court decisions that reached different conclusions regarding the chattel/fixture distinction in relation to wind farms. The author highlights the inconsistencies between the definitions used in Div 6C and Div 855, and explains how the two courts reached ifferent conclusions about very similar assets.

Author profile

Michael Flynn QC CTA-Life
Photo of author, Michael FLYNN Michael is a Barrister at Owen Dixon Chambers West, specialising in taxation, and was National President of The Tax Institute in 2014. He is the author, with Miranda Stewart, of Death and Taxes (7th edition, 2022). Michael has appeared in the Administrative Appeals Tribunal, the Federal Court and the High Court in taxation cases. Michael has been a member of various committees of The Tax Institute for over 20 years - Current at 20 June 2022
Click here to expand/collapse more articles by Michael FLYNN.


Copyright Statement