Income Tax (Trading and Other Income) Act 2005 Explanatory Notes

Section 768: Commercial occupation of woodlands

2887.This section exempts income arising from the occupation of commercial woodlands from any charge as miscellaneous income. It is based on paragraph 3(2) of Schedule 6 to FA 1988.

2888.A consequence of this exemption is that no loss relief is available under section 392 of ICTA (losses from miscellaneous transactions). A requirement of that section is that any profit on the transaction would be liable to income tax.

2889.This section is complemented by sections 11 and 267 of this Act. The combined effect of these three sections is that income from the occupation of commercial woodlands is ignored for income tax purposes.

2890.The definition of “commercial woodlands” in subsection (2) is supplemented by the definition of “woodlands” in section 876 of this Act.

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