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Practice Note No 04/2004 Date of Issue 15th December 2004 ... - TRA

Practice Note No 04/2004 Date of Issue 15th December 2004 ... - TRA

Practice Note No 04/2004 Date of Issue 15th December 2004 ... - TRA

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0.0 HOW THE LAW APPLIES.0.1 Activities constituting conducting a business.“Business” includes a trade, concern in the nature <strong>of</strong> trade, manufacture,pr<strong>of</strong>ession, vocation or isolated arrangement with a business character;and a past, present or prospective business, but excludes employmentand any activity that having its nature and the principal occupation <strong>of</strong> itsowners or underlying owners, is not carried on with a view to derivingpr<strong>of</strong>its.Income from business is calculated as follows:-Amounts derived from conducting the businessDeduct any payments which have been subjected to a finalwithholding tax.Deduct depreciation allowanceDeduct or Add depreciation balancing adjustmentsDeduct trading stock allowanceAdd net capital gains (after deducting capital losses)Deduct any loss carry forward from previous yearDeduct donations.0.2 Receipts deemed to be gains or pr<strong>of</strong>its from a businessAmount treated as gains or pr<strong>of</strong>its from a business is the total amountcoming into the business for sale <strong>of</strong> goods and services (including sale <strong>of</strong>trading stock) and any other amount derived in doing business.In calculating the pr<strong>of</strong>its from any business the following amounts areincluded –(a)(b)(c)(d)(e)(f)Service fees.Incoming for trading stock.Gains from realisation <strong>of</strong> business assets or liabilities.Excess amounts derived in realisation <strong>of</strong> depreciable assets.Amounts derived as consideration for accepting a restruction on thecapacity to conduct the business.Gifts and ex gratia payments received by the person in respect <strong>of</strong>the business.

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