Badges Of Trade

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Badges of trade B1.404-Profit motive not decisive The question is whether or not a trade is or was being carried on and, once that question is answered in the affirmative; there is liability to tax on any resulting profit. This is irrespective of whether the trading activities were directed to the making of the profit and irrespective of the purpose to which the profit is applied. B1.405-Number of Transactions The fact that there have been repeated transactions of the same kind may help to corroborate that the transactions are of a trading nature. HMRC's view is that “although an isolated transaction can amount to a trade the systematic repetition of a transaction is a pointer towards trading”. The advice1 continues—'Where there is more than one transaction involved, the case for trading will be much stronger if the pattern appears to be a series of related transactions occurring at not too great intervals of time, and presenting the appearance of habitual and continuous activity.' B1.406-The Nature of the Asset It may be that the nature of the asset is a strong indication of trading or of an adventure in the nature of trade. This is particularly so when considering the distinction between investments and trading stock. If the sole advantage of possession is the immediate prospect of realisation there is a strong inference of trading. Some assets have a strong presumption of investment. This is so where the asset produces income, or yields some pride in possession (such as a painting or a classic car). Note that the significance of income-production is diminished if there are costs attached to the retention of the asset (for instance, interest on capital used for the purchase). Similarly, it is well-recognised that some investments may be specifically designed to produce capital growth rather than income. B1.407-Similar Trading Interests Where there is an

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