The Full Federal Court has handed down its decision in Sunchen Pty Ltd v Commissioner of Taxation [2010] FCAFC 138. In essence, the issue before the Court was whether land purchased by the taxpayer, Sunchen Pty Ltd, was a residential premises to be used predominantly for residential accommodation. The Court held that the answer to this question was to be determined by reference to the objective characteristics of the property, and not by reference to the subjective intentions of the taxpayer whe