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Excluded activities: hotels and comparable establishments |
| | 31. - (1) This paragraph supplements paragraph 26(1)(i).
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(2) The reference to a comparable establishment is to a guest house, hostel or other establishment the main purpose of maintaining which is the provision of facilities for overnight accommodation (with or without catering services).
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(3) The activities of a person shall not be taken to fall within paragraph 26(1)(i) unless that person has an estate or interest in, or is in occupation of, the hotel or comparable establishment in question.
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Excluded activities: nursing homes and residential care homes |
| | 32. - (1) This paragraph supplements paragraph 26(1)(j).
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(2) "Nursing home" means an establishment that exists wholly or mainly for the provision of nursing care-
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(a) for persons suffering from sickness, injury or infirmity, or |
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(b) for women who are pregnant or have given birth to children. |
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(3) "Residential care home" means an establishment that exists wholly or mainly for the provision of residential accommodation, together with board and personal care, for persons in need of personal care by reason of-
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(b) mental or physical disability, |
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(c) past or present dependence on alcohol or drugs, |
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(e) past or present mental disorder. |
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(4) The activities of a person shall not be taken to fall within paragraph 26(1)(j) unless that person has an estate or interest in, or is in occupation of, the nursing home or residential care home in question.
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Excluded activities: provision of facilities for another business |
| | 33. - (1) Providing services or facilities for a business carried on by another person is an excluded activity if-
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(a) the business consists to a substantial extent of excluded activities within sub-paragraph 26(1), and |
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(b) a controlling interest in the business is held by a person who also has a controlling interest in the business carried on by the company providing the services or facilities. |
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(2) Sub-paragraphs (3) to (5) define what is meant by a controlling interest in a business for the purposes of sub-paragraph (1)(b).
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(3) In the case of a business carried on by a company, a person has a controlling interest if-
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(a) he controls the company, |
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(b) the company is a close company and he or an associate of his, being a director of the company, either- |
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(i) is the beneficial owner of more than 30% of the ordinary share capital of the company, or
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(ii) is able, directly or through the medium of other companies or by any other indirect means, to control more than 30% of that share capital,
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(c) not less than half of the business could, in accordance with section 344(2) of the Taxes Act 1988, be regarded as belonging to him for the purposes of section 343 of that Act. |
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(4) In any other case, a person has a controlling interest in a business if he is entitled to not less than half of the assets used for, or of the income arising from, the business.
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(5) For the purposes of sub-paragraph (3)(a) the question whether a person controls a company shall be determined in accordance with section 416(2) to (6) of the Taxes Act 1988.
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(6) For the purposes of this paragraph-
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(a) there shall be attributed to any person any rights or powers of any other person who is an associate of his, and |
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(b) "business" includes any trade, profession or vocation. |
