Corporation Tax Act 2009 section 38

Commercial occupation of land other than woodlands

Section 38 treats the commercial occupation of land in the United Kingdom (other than farming, woodlands or forestry) as a trade for corporation tax purposes.

• Commercial occupation of UK land is treated as carrying on a trade (or part of a trade) for corporation tax purposes
• Occupation counts as "commercial" if the land is managed on a commercial basis and with a view to making profits
• The section does not apply to farming, market gardening, land being prepared for forestry, or woodlands — these are covered by separate provisions
• It also does not apply where an insurance company occupies land held as an asset of its long-term business