Section 809VE — Income Tax Act 2007: Commercial trades

Commercial trades 809VE 1 Section 809VD is to be read in accordance with this section.

2 A reference to a “trade” also includes—

a anything that is treated for corporation tax purposes as if it were a trade, and b a business carried on for generating income from land (as defined in section 207 of CTA 2009).

3 A trade is a “commercial trade” if it is conducted on a commercial basis and with a view to the realisation of profits.

4 The carrying on of activities of research and development from which it is intended that a commercial trade will be derived, or will benefit, is to be treated as the carrying on of a commercial trade.

5 But preparing to carry on activities within subsection (4) is not to be treated as the carrying on of a commercial trade.

6 A company which is a partner in a partnership is not to be regarded as carrying on a trade carried on by the partnership.