The Meakins case examines the deductibility of holding costs for vacant land. The findings emphasise the importance of demonstrable, income-generating activities to support tax deduction claims on vacant land, offering crucial insights for property investors and taxpayers.

The recent Administrative Appeals Tribunal (AAT) case Meakins and Commissioner of Taxation [2023] AATA 3852 (Meakins), highlights its significance in the context of tax deductions for holding vacant land in Australia. The key tribunal findings emphasise the importance of several critical factors including assessment of income-generating intent, the lack of substantial activity and implications of inaction. The ruling reinforces that expenses related to vacant land are not typically deductible unless the land is used for income-generating purposes. 


The taxpayer purchased vacant land at North Fremantle in 2006. Initially, there was a clear intent to develop this land, transforming it into an income-generating asset.

Despite these initial plans, the development of the property did not proceed but the taxpayer continued to claim deductions for holding costs. The taxpayer attributed this inaction to changing economic circumstances that affected the ability to move forward with the development. As the years passed, these circumstances, combined with other unforeseen challenges, led to the property remaining largely undeveloped and unused.

This lack of tangible development activity raised significant questions from the tax authorities about the legitimacy of the tax deductions claimed for holding the property. The AAT agreed with the Commissioner that the interest expenses were not deductible.

Key issues and tribunal findings

The tribunal’s decision hinged on several critical factors:

This highlights that in the realm of tax law, intentions must be backed by actions. Taxpayers must be mindful that inactivity or lack of substantial effort in developing or using their property can undermine their claims for tax deductions and invite scrutiny from tax authorities.

Implications for taxpayers

The Meakins case echoes the sentiments expressed in ATO Ruling TR 2023/3, particularly regarding the deductibility of expenses for vacant land. The ruling emphasises that expenses related to vacant land are not typically deductible unless the land is used for income-generating purposes. 

Whilst the case addresses an interest deduction claimed before the introduction of Section 26-102, the decision serves as a crucial reminder for taxpayers holding vacant land (where deductions can still be obtained) for the need of a clear demonstration of income-generating intent and activity when claiming deductions on vacant land. Taxpayers must ensure that their investment strategies align with tax laws to avoid disputes and penalties.

Actions required

Keeping abreast of these rules and seeking professional advice can save both time and money, helping to avoid potential pitfalls down the line. 

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Rahul Sanghani