BIM62601 | Measuring the profits (particular trades): Nurseries and market gardens: definition

From HM Revenue & Customs · Business Income Manual

, S996(1)(5) Income Tax Act 2007, , S1125(1)(5) Corporation Tax Act 2010

Market gardening is defined for Income Tax and Corporation Tax purposes as the occupation of land as a nursery or garden for the purpose of growing produce for sale.

Market gardening is specifically excluded from the statutory definition of 'farming', see . All market gardening in the United Kingdom is treated as the carrying on of a trade or part of a trade. (It should be noted however that the legislation which provides that all farming carried on by a particular person should be treated as a single trade does not extend to market gardening.)

Specialist Christmas tree farms are nurseries within the statutory definition of market gardening (see Jaggers v Ellis [1997] 71 TC 164) but where Christmas trees are a crop on an ordinary farm the income may be included in the farm profits (see ).

Averaging relief for fluctuating profits (see onwards) is available to market gardeners.