PART IVU.K. PROVISIONS RELATING TO THE SCHEDULE D CHARGE

CHAPTER IU.K. SUPPLEMENTARY CHARGING PROVISIONS

53 Farming and other commercial occupation of land (except woodlands).U.K.

(1)M1All farming and market gardening in the United Kingdom shall be treated as the carrying on of a trade or, as the case may be, of a part of a trade, and the profits and gains thereof shall be charged to tax under Case I of Schedule D accordingly.

(2)All the farming carried on by any particular person or partnership or body of persons shall be treated as one trade.

(3)M2Subject to subsection (4) below, the occupation of land in the United Kingdom for any purpose other than farming or market gardening shall, if the land is managed on a commercial basis and with a view to the realisation of profits, be treated as the carrying on of a trade or, as the case may be, of a part of a trade, and the profits or gains thereof shall be charged to tax under Case I of Schedule D accordingly.

[F1(4)Subsection (3) above shall not apply in relation to the occupation of land which comprises woodlands or is being prepared for use for forestry purposes.]

Textual Amendments

F11988(F) Sch.6 para.6(7),into force on 6April 1988subject to certain provisos. Previously

“(4) Subsection (3) above shall not affect the taxation of woodlands which are managed on a commercial basis and with a view to the realisation of profits”.

Marginal Citations

M1SOURCE-1970 s. 110(1), (2)

M2SOURCE-1970 s. 110(3)