BIM24200 | Meaning of trade: mutual trading and members clubs: members’ clubs: layout of guidance: contents
From HM Revenue & Customs · Business Income Manual
You need to consider two interrelated questions:
The first of these questions, whether or not a trade exists, is all too often overlooked. This is of particular relevance for social and recreational clubs. This subject represents one strand of the ‘mutuality’ case law (mutual insurance being the other major strand - see BIM24100 onwards).
The use of the term ‘mutual trading’ in the context of a members’ club is misleading, since when members of such clubs come together to provide facilities for themselves, their activities do not normally constitute a trade, because they lack the necessary commerciality.
If there is no trade, there can be no mutual trade and therefore you do not need to consider the issue any further.
So the practical starting point in an apparent case of mutual trading, is to consider whether there is any trade at all.
Allowable expenditure in ‘mixed’ cases, including part mutual and part non-mutual trading, is considered at BIM24450 onwards.
The following guidance covers:
Contents19 entries
- BIM24205Meaning of trade: Mutual trading and members clubs: members' clubs: introduction
- BIM24210Meaning of trade: mutual trading and members clubs: members’ clubs: distinction between proprietary and members’ clubs
- BIM24215Meaning of trade: mutual trading and members clubs: members' clubs: Tax Bulletin article
- BIM24220Meaning of trade: mutual trading and members clubs: members' clubs: classes of club membership
- BIM24225Meaning of trade: mutual trading and members clubs: members’ clubs: temporary membership
- BIM24230Meaning of trade: mutual trading and members clubs: members’ clubs: Tax Bulletin article on temporary membership
- BIM24235Meaning of trade: mutual trading and members clubs: members’ clubs: voting rights
- BIM24240Meaning of trade: mutual trading and members clubs: members' clubs: different forms of club
- BIM24245Meaning of trade: mutual trading and members clubs: members' clubs: incorporated as industrial and provident societies
- BIM24250Meaning of trade: mutual trading and members clubs: members' clubs: incorporated as limited company
- BIM24255Meaning of trade: mutual trading and members clubs: members' clubs: incorporated as limited company: not paying dividends
- BIM24260Meaning of trade: mutual trading and members clubs: members' clubs: incorporated as limited company: paying dividends
- BIM24300Meaning of trade: mutual trading and members clubs: members' clubs: guidance for customers
- BIM24305Meaning of trade: mutual trading and members clubs: members' clubs: interest paid or received
- BIM24315Meaning of trade: mutual trading and members clubs: members' clubs: commission income
- BIM24320Meaning of trade: mutual trading and members clubs: members' clubs: community associations
- BIM24345Meaning of trade: mutual trading and members clubs: cricket clubs
- BIM24350Meaning of trade: mutual trading and members clubs: golf clubs: introduction
- BIM24365Meaning of trade: mutual trading and members clubs: rugby clubs: introduction