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HMRC internal manual

Business Income Manual

HM Revenue & Customs
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Measuring the profits (particular trades): Mineral extraction: miscellaneous receipts

Miscellaneous receipts from the sale of waste products of a trade form part of the ordinary receipts of that trade, for example the sale of waste and slag by mining or iron working operators.

However, it will be a question of fact whether the sale of waste products, by the owner of the land on which the waste is deposited, amounts to a trade or an adventure in the nature of trade (see Shingler v P Williams & Sons [1933] 17TC574 and BIM62055). If the sale does not amount to a trade or adventure in the nature of a trade, the profits may be chargeable under the miscellaneous income provisions; see BIM100000 onwards.