It is possible for an individual to carry on at the same time
both a trade and a profession (for example, the trade of editor and
publisher and the profession of journalist, CIR v Maxse [1919]
12TC41). But, again, this is unlikely unless the two activities in
effect amount to separate businesses (see the report of the Special
Commissioners’ case of Salt v Fernandez [1997] SPC135).
Where an individual carries on a single business activity
(for example, an optician who tests sight and sells spectacles)
that business cannot be separated into a part which is a trade and
a part which is a profession. In such circumstances the business
must either be a trade or a profession. It cannot be both. There
are a number of Excess Profits Duty cases from the Second World War
which deal with the issue - copies can be obtained from CT&VAT
(Technical).
In the same way an individual can only carry on two separate
professions if the activities are wholly unrelated.
