Section 38 Commercial occupation of land other than woodlands

United Kingdom

(1)

The commercial occupation of land in the United Kingdom is treated for corporation tax purposes as the carrying on of a trade or part of a trade.

(2)

For this purpose the occupation of land is commercial if the land is managed—

(a)

on a commercial basis, and

(b)

with a view to the realisation of profits.

(3)

This section does not apply—

(a)

to farming or market gardening (which is dealt with by section 36),

(b)

if the land is being prepared for forestry purposes,

(c)

if the land comprises woodlands (which is dealt with by section 37), or

(d)

to the occupation by an insurance company of land which is an asset F1held by the company for the purposes of its long-term business.

Annotations

F1: Words in s. 38(3)(d) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 140

C1: Pt. 3 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 4(1)