None of these rules apply where there is a difference of
identity between the persons and body of persons carrying on the
two activities. In particular, where similar activities are carried
on both by a partnership and a partner on his or her own account
each will carry on a separate trade.
Equally, where two companies within the same group carry on
similar activities each will carry on a separate trade. Nor can a
company’s trade be part of a ‘group trade’
carried on by a group of companies as a whole.
