Part 4Loss relief

Chapter 2Trade losses

Restriction on relief for “hobby” farming or market gardening

C1C269Whether trade is the same trade

1

This section applies for the purposes of sections 67 and 68.

2

If there is a change in the persons carrying on a trade which involves all of the persons carrying it on before the change permanently ceasing to carry it on—

a

the trade is treated as permanently ceasing to be carried on, and

b

a new trade is treated as starting to be carried on,

at the date of the change (but see subsections (3) to (6)).

3

A husband and wife are treated as the same person.

4

Persons who are civil partners of each other are treated as the same person.

5

A husband or wife is treated as the same person as—

a

a company of which either one of them has control, or

b

a company of which both have control.

6

A person's civil partner is treated as the same person as—

a

a company of which either of the civil partners has control, or

b

a company of which both have control.

7

ControlF1is to be read in accordance with sections 450 and 451 of CTA 2010.