Reference no: EM133261816

Assignment:

Tom Robison owns ten-acre land in the regional Queensland. Tom purchased that property in 2015 with the aim set up a farm machinery business and develop a horse breeding farm. The project got delayed, and Tom used it for agricultural purposes for a few years.

In 2019, due to zoning change in the area where Tom's property was located, the local council allowed construction of residential buildings. Tom realized that he could seize the opportunity and can receive a good return by selling the ten-acre land. He sought the advice of a real estate agent who advised him that the land might give him a higher return if subdivided into smaller lots and each lot sold individually.

Following that advice, Tom applied for a planning permit from the city council. The council approved Tom's application subject to the conditions that Tom will build road, footpaths, and a bus stop on the land, and provide sewerage alongside installing utilities for each individual lot measuring 800 square yards. Tom hired services of an agent and personally supervised subdivision of the ten-acre land, including utilities connections and sewerage installation. Tom also organised a builder to build access roads, bus stop and fencing to each block. Tom actively arranged publicity of sale. By June 2022, Tom successfully sold out all blocks of land for $4.5 million.

Citing relevant legislation and case law (Australia) , advise Tom whether $4.5 million from the sale of land would constitute his ordinary income under s. 6-5 ITAA97?