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Section 809 Other definitions

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(1) References in sections 805 and 806 to an individual carrying on a trade as a non-active partner in an early tax year are to be read as if those sections were contained in Chapter 3 of Part 4 (see, in particular, section [103B]1).

Amendments

1 Substituted for “112” by Finance Act 2007 section 26 and Schedule 4 para 18(a) and is deemed always to have had effect.

(2) But for that purpose, section [103B(1)(b)]1 (which contains a requirement that the individual does not carry on the trade as a limited partner at any time during the tax year) is treated as if it were omitted.

Amendments

1 Substituted for “112(1)(b)” by Finance Act 2007 section 26 and Schedule 4 para 18(b) and is deemed always to have had effect.

(3) For the purposes of sections 805 to 808 an agreement is related to a licence if the agreement and licence are entered into under the same arrangement (regardless of when the agreement or licence is entered into).

(4) For the purposes of sections 805 to 808 an agreement, or part of an agreement, is not prevented from being a licence merely because it imposes an obligation to do a thing (rather than merely gives authority to do it).

References to exploiting a licence are to be read in that light.

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