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Corporation Tax Act 2009
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Corporation Tax Act 2009, Section 39 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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39Profits of mines, quarries and other concernsU.K.
This section has no associated Explanatory Notes
(1)Profits or losses arising out of land in the case of a concern to which this section applies are calculated as if the concern were a trade.
(2)Any profits arising out of the land are treated for the purposes of [F1section] 35 as profits of a trade.
(3)Any losses arising out of the land are treated for the purposes of [F2Chapter 2 of Part 4 of CTA 2010 (trade loss relief), F3... Part 5 of that Act (group relief) [F4and Part 5A of that Act (group relief for carried forward losses)],] as losses of a trade carried on in the United Kingdom.
(4)The concerns to which this section applies are—
(a)mines and quarries (including gravel pits, sand pits and brickfields),
(b)ironworks, gasworks, salt springs or works, alum mines or works, waterworks and streams of water,
(c)canals, inland navigation, docks and drains or levels,
(d)rights of fishing,
(e)rights of markets and fairs, tolls, bridges and ferries,
(f)railways and other kinds of way, and
(g)a concern of the same kind as one specified in paragraph (b), (c), (d) or (e).
(5)But this section does not apply to a concern—
(a)if it is carried on by an insurance company on land which is an asset [F5held by the company for the purposes of its long-term business], or
(b)if section 38 (commercial occupation of land other than woodlands) applies to the occupation of the land out of which the profits or losses arise.
Textual Amendments
F1Word in s. 39(2) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 310 (with Sch. 9 paras. 1-9, 22)
F2Words in s. 39(3) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 592 (with Sch. 2)
F3Word in s. 39(3) omitted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 129(a)
F4Words in s. 39(3) inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 129(b)
F5Words in s. 39(5)(a) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 141
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