F1Part 12ASale and lease-back etc

Annotations:
Amendments (Textual)
F1

Pt. 12A inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 4 para. 2 (with Sch. 9 paras. 1-9, 22)

F2Chapter 2New lease of land after assignment or surrender

Annotations:
Amendments (Textual)
F2

Pt. 12A Ch. 2 inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 4 para. 3 (with Sch. 9 paras. 1-9, 22)

Application of the Chapter

681BANew lease after assignment or surrender

1

This Chapter has effect if each of conditions A to E is met.

2

Condition A is that—

a

a person (“L”) is a lessee of land under a lease which has 50 years or less to run (“the original lease”), and

b

L is entitled in respect of the rent under the original lease to a deduction by way of relevant income tax relief.

3

Condition B is that—

a

L assigns the original lease to another person or surrenders it to L's landlord, and

b

the consideration for the assignment or surrender would not (apart from this Chapter) be taxable except as capital in L's hands.

4

Condition C is that—

a

another lease (“the new lease”) is granted, or assigned, to L or a person linked to L, and

b

the new lease is for a term of 15 years or less.

5

Condition D is that the new lease—

a

is of all or part of the land which was the subject of the original lease, or

b

includes all or part of the land which was the subject of the original lease.

6

Condition E is that neither L nor a person linked to L had, before 22 June 1971, a right enforceable at law or in equity to the grant of the new lease.

7

If each of conditions A to D is met but condition E is not met, see the relevant provisions in Schedule 2 to CTA 2010 and Schedule 9 to TIOPA 2010.