BIM60075 - Land: Trading transactions: Private residences



The fact that a dwelling has been used as the person’s residence is not automatically fatal to a trading contention: MacMahon and MacMahon v CIR [1951] (32TC311).

However, to succeed in a trading argument in these circumstances, we must demonstrate that residential use was incidental to that person’s primary objective which was to dispose of it by way of trade.