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Home > Technical activities and advice > Technical resources > 2011 > August
BADGES OF TRADE
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The length of time an asset is held is an important indicator of trade.
The longer the period of ownership the greater the chance of it been
seen as an investment rather than a trade. HMRC also look at the
intention, if you can demonstrate an intention it could indicate the tax
treatment. The two key cases on this are Wisdom v Chamberlain – CA
1968, 45 TC 92; [1969] 1 WLR 275; [1969] 1 All ER 332 and Marson
v Morton – Ch D 1986, 59 TC 381; [1986] STC 463; [1986] 1 WLR
1343 both mentioned above.
METHOD OF ACQUISITION
This is only a summary of the badges of trade and leading tax cases. As
in all cases, each situation must be judged on its own merit.
ARTICLE DETAILS
DATE: 22 AUG 2011
REGION: UNITED KINGDOM
TOPIC: TAXATION; TAXES;
CORPORATION TAX; TAX
CASES
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