CHAPTER 6ATrade profits: amounts not reflecting commercial transactions

106AProfessions and vocations

The provisions of this Chapter apply to professions and vocations as they apply to trades.

106BApplication of Chapter

This Chapter applies in calculating the profits of a person's trade for a period on the cash basis.

106CAmounts not reflecting commercial transactions

1

This section applies if—

a

the person does anything in relation to the trade (“the relevant act”),

b

there is a difference between—

i

the amount (if any) that, as a result of the relevant act, would (apart from this section) be brought into account in calculating the profits of the trade for the period, and

ii

the amount (if any) that would have been so brought into account had the relevant act consisted of a transaction between the person and another person dealing with each other at arm's length in the open market (“the arm's length amount”), and

c

the profits of the trade for the period are less than they would have been if the arm's length amount had been so brought into account.

2

The amount to be brought into account in calculating the profits of the trade for the period is an amount that is just and reasonable in all the circumstances.

106DCapital receipts

Section 106C does not apply in relation to the relevant act if subsection (4) or (5) of section 96A (cash basis: capital receipts) applies in relation to that act.

106EGifts to charities etc

Section 106C does not apply in relation to the relevant act if any of the provisions of Chapter 7 (trade profits: gifts to charities etc) applies in relation to that act.