Textual Amendments
F1Words in Pt. 4 Ch. 6 heading repealed (with application in accordance with Sch. 27 Pt. 3(6) Note of the repealing Act) by Finance Act 1998 (c. 36), Sch. 27 Pt. 3(6)
(1)M1Any question arising under section 100(1)(a) or 101(1)(a) shall be determined as follows, for the purpose of computing for any tax purpose the [F2profits] of both the trades or, as the case may be, the professions F3. . . concerned—
(a)in a case where the same body of General Commissioners have jurisdiction with respect to [F4each of the persons whose [F5trade or profession] is one of those] concerned, the question shall be determined by those Commissioners unless all parties concerned agree that it shall be determined by the Special Commissioners;
(b)in any other case, the question shall be determined by the Special Commissioners; and
(c)the General or Special Commissioners shall determine the question in like manner as an appeal.
(2)M2Where, by virtue of section F6. . . 337(1), a [F7trade or profession] is treated as having been permanently discontinued for the purpose of computing [F8corporation] tax, it shall also be so treated for the purposes of sections 100 and 101F6. . . .
Textual Amendments
F2Words in s. 102(1) substituted (31.7.1998) by Finance Act 1998 (c. 36), s. 46(3)(a)(b), Sch. 7 para. 1
F3Words in s. 102(1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 81(2)(a), Sch. 3 (with Sch. 2)
F4Words in s. 102(1)(a) substituted (with effect in accordance with Sch. 22 para. 12 of the amending Act) by Finance Act 1996 (c. 8), Sch. 22 para. 11
F5Words in s. 102(1) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 81(2)(b) (with Sch. 2)
F6Words in s. 102(2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 81(3)(a)(d), Sch. 3 (with Sch. 2)
F7Words in s. 102(2) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 81(3)(b) (with Sch. 2)
F8Word in s. 102(2) inserted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 81(3)(c) (with Sch. 2)
Marginal Citations
M1Source—1970 s.137(2), 138(2)
M2Source—1970 s.137(3), 138(4)