Income Tax Act 2007

300Meaning of “qualifying trade”U.K.
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(1)For the purposes of this Chapter, a trade is a qualifying trade if—

(a)it is conducted on a commercial basis and with a view to the realisation of profits, and

(b)it does not consist wholly or as to a substantial part in the carrying on of excluded activities (see sections 303 to 310).

(2)The carrying on of any activities of research and development from which it is intended—

(a)that a trade will be derived which—

(i)will be a qualifying trade, and

(ii)will be carried on wholly or mainly in the United Kingdom, or

(b)that a trade will benefit which—

(i)is or will be a qualifying trade, and

(ii)is or will be carried on wholly or mainly in the United Kingdom,

is to be treated as the carrying on of a qualifying trade.

(3)But preparing to carry on such activities does not count as preparing to carry on a qualifying trade.

(4)References in this section to a trade are to be read without regard to the definition of “trade” in section 989.