Part 5U.K.Enterprise investment scheme

Chapter 4U.K.The issuing company

Excluded activitiesU.K.

192Meaning of “excluded activities”U.K.

(1)The following are excluded activities for the purposes of sections 181 and 189—

(a)dealing in land, in commodities or futures or in shares, securities or other financial instruments,

(b)dealing in goods otherwise than in the course of an ordinary trade of wholesale or retail distribution,

(c)banking, insurance, money-lending, debt-factoring, hire-purchase financing or other financial activities,

(d)leasing (including letting ships on charter or other assets on hire),

(e)receiving royalties or licence fees,

(f)providing legal or accountancy services,

(g)property development,

(h)farming or market gardening,

(i)holding, managing or occupying woodlands, any other forestry activities or timber production,

[F1(ia)shipbuilding,

(ib)producing coal,

(ic)producing steel,]

(j)operating or managing hotels or comparable establishments or managing property used as an hotel or comparable establishment,

(k)operating or managing nursing homes or residential care homes or managing property used as a nursing home or residential care home, F2...

[F3(ka)generating or exporting electricity or making electricity generating capacity available,

(kb)generating heat,

(kc)generating any form of energy not within paragraph (ka) or (kb),

(kd)producing gas or fuel, and]

(l)any activities which are excluded activities under section 199 (provision of services or facilities for another business).

(2)Subsection (1) is supplemented by the following provisions—

(a)section 193 (wholesale and retail distribution),

(b)section 194 (leasing of ships),

(c)section 195 (receipt of royalties and licence fees),

(d)section 196 (property development),

[F4(da)section 196A (shipbuilding),

(db)section 196B (producing coal),

(dc)section 196C (producing steel),]

(e)section 197 (hotels and comparable establishments), F5...

(f)section 198 (nursing homes and residential care homes) , F6... [F7and

(g)section 198A (export of electricity).]

F8(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 192(1)(ia)-(ic) inserted (retrospective to 6.4.2008) by Finance Act 2008 (c. 9), Sch. 11 paras. 5(a), 10 (with Sch. 11 para. 11)

F2Word in s. 192(1)(k) omitted (17.7.2012) (with effect in accordance with Sch. 7 para. 24 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 7 para. 13(2)

F3S. 192(1)(ka)-(kd) substituted for s. 192(1)(ka)-(kc) (with effect in accordance with s. 28(5) of the amending Act) by Finance Act 2016 (c. 24), s. 28(1)

F4S. 192(2)(da)-(dc) inserted (retrospective to 6.4.2008) by Finance Act 2008 (c. 9), Sch. 11 paras. 5(b), 10 (with Sch. 11 para. 11)

F5Word in s. 192(2)(e) omitted (17.7.2012) (with effect in accordance with Sch. 7 para. 24 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 7 para. 13(3)

F6Word in s. 192(2)(f) omitted (with effect in accordance with s. 56(8) of the amending Act) by virtue of Finance Act 2014 (c. 26), s. 56(2)(b)

F7S. 192(2)(g) and word substituted for s. 192(2)(g) (with effect in accordance with s. 28(5) of the amending Act) by Finance Act 2016 (c. 24), s. 28(3)(a)(i)

F8S. 192(2)(h) omitted (with effect in accordance with s. 28(5) of the amending Act) by Finance Act 2016 (c. 24), s. 28(3)(a)(ii)

Modifications etc. (not altering text)

C1S. 192 applied (with modifications) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 2 para. 43 (with Sch. 2)