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Legislation
Income Tax Act 2007

Crossheading Interpretation of conditions relating to the social enterprise

  • Section 257MP Meaning of “qualifying trade”
  • Section 257MQ Meaning of “excluded activity”
  • Section 257MQA Excluded activities: nursing homes and residential care homes
  • Section 257MR Excluded activities: property development
  • Section 257MS Excluded activity: subsidised generation or export of electricity
  • Section 257MT Excluded activity: providing services or facilities for another business
  • Section 257MU Meaning of “qualifying subsidiary”
  • Section 257MV Meaning of “90% social subsidiary” of a social enterprise
  • Section 257MW Excluded activities: power to amend
  1. Interpretation of conditions relating to the social enterprise
  2. Excluded activities: property development

Section 257MR | Excluded activities: property development

From legislation.gov.uk

(1)For the purposes of section 257MQ(1)(c) “property development” means the development of land—

(a)by a company which has, or at any time has had, an interest in the land, and

(b)with the sole or main object of realising a gain from the disposal of an interest in the land when it is developed.

(2)For the purposes of subsection (1) “interest in land” means (subject to subsection (3))—

(a)any estate, interest or right in or over land, including any right affecting the use or disposition of land, or

(b)any right to obtain such an estate, interest or right from another which is conditional on the other's ability to grant it.

(3)References in this section to an interest in land do not include—

(a)the interest of a creditor (other than a creditor in respect of a rentcharge) whose debt is secured by way of mortgage, an agreement for a mortgage or a charge of any kind over land, or

(b)in the case of land in Scotland, the interest of a creditor in a charge or security of any kind over land.

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