法律英语词汇“profession”的翻译、意思、用法、释义-法律词典

单词

profession

释义

profession
n. Until 2005, profits from a profession were taxed under Schedule D Case II of the income tax legislation, whereas profits from a trade were taxed under Schedule D Case I. Although there is no longer a separation of cases, profits of professions are taxed differently from those arising from a trade in a number of ways. Perhaps the most important distinction is that the value of goods gifted by a trader must be brought into the calculation of taxable profits (Sharkey v Wernher [1955] UKHL TC 36), but there is no tax charge on the value of a professional service supplied without charge (Mason v Innes (1967) 44 TC 326). An isolated transaction can be a trade, whereas it can never be a profession (Wain v Cameron [1995] STC 555 (CH)).

Statute does not define “profession”. In IRC v Maxse [1919] 1 KB 647 (CA) 61, Lord Justice Scrutton said: “A profession involves the idea of an occupation requiring either purely intellectual skill, or if any manual skill as in painting or sculpture or surgery, skill controlled by the intellectual skill of the operator…” In that case, it was held that a journalist “whose contributions have any literary form” carries on a profession; but a newspaper reporter carries on a trade.

Income from a vocation is taxed in the same way as income from a profession.

The traditional approach of the courts is to say that a company cannot carry on a profession as the profits of a profession must be dependent mainly upon the personal qualification of the person by whom it is practised, and that can only be an individual (William Esplen, Son and Swainston v IRC [1919] 2 KB 731). However, the Law Society now accepts registration of solicitors practising as a limited company, and other professional bodies act likewise. It may be that this change would now lead a court to accept that a company can carry on a profession. In Newstead v Frost [1980] 1 WLR 135 (HL) the court refused to decide the point.

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