{
  "url": "https://openlegislation.uk/income-tax-act-2007/section-809VE",
  "json_url": "https://openlegislation.uk/income-tax-act-2007/section-809VE.json",
  "legislation": "ukpga/2007/3",
  "legislation_title": "Income Tax Act 2007",
  "legislation_url": "https://openlegislation.uk/income-tax-act-2007",
  "path": "section/809VE",
  "kind": "section",
  "number": "809VE",
  "heading": "Commercial trades",
  "text": "(1) Section 809VD is to be read in accordance with this section.\n(2) A reference to a “trade” also includes—\n(a) anything that is treated for corporation tax purposes as if it were a trade, and\n(b) a business carried on for generating income from land (as defined in section 207 of CTA 2009).\n(3) A trade is a “commercial trade” if it is conducted on a commercial basis and with a view to the realisation of profits.\n(4) The carrying on of activities of research and development from which it is intended that a commercial trade will be derived, or will benefit, is to be treated as the carrying on of a commercial trade.\n(5) But preparing to carry on activities within subsection (4) is not to be treated as the carrying on of a commercial trade.\n(6) A company which is a partner in a partnership is not to be regarded as carrying on a trade carried on by the partnership.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 14 Ch. A1 inserted (21.7.2008 with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 1 (with Sch. 7 paras. 85-89)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Ss. 809VA-809VO and cross-heading inserted (17.7.2012) (with effect in accordance with Sch. 12 para. 17 of the amending Act) by Finance Act 2012 (c. 14), Sch. 12 para. 7"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 809VE(6) inserted (with effect in accordance with s. 15(8) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 15(4)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Ss. 809L-809Z6 applied by 2005 c. 5, s. 643I(9) (as inserted (with effect for the tax year 2018-19 and subsequent years) by Finance Act 2018 (c. 3), Sch. 10 paras. 11, 21(1) (with Sch. 11 para. 22))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Ss. 809L-809Z6 applied by 2005 c. 5, s. 643A(6) (as inserted (with effect for the tax year 2018-19 and subsequent years) by Finance Act 2018 (c. 3), Sch. 10 paras. 11, 21(1) (with Sch. 11 para. 22))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2007/3/section/809VE",
    "retrieved_at": "2026-10-29T09:13:03.599581+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}