SCHEDULE 7PARTNERSHIPS

PART 7APPLICATION OF PARTS 5 AND 6 IN RELATION TO LEASES

Transfer of chargeable interest to or from a partnership: chargeable consideration including rent

I131

1

This paragraph applies in relation to a transaction to which paragraph 13 or 21 applies where the whole or part of the chargeable consideration for the transaction is rent.

2

Part 5 of Schedule 6 (leases: calculation of tax chargeable) has effect with the modifications set out in sub-paragraphs (3) to (6).

3

Paragraph 29 has effect as if—

a

in Step 1, for ““the net present value (the ““NPV””) of the rent payable over the term of the lease”” there were substituted “ the relevant chargeable proportion of the net present value (the ““NPV””) of the rent payable over the term of the lease ”;

b

in Step 2, for ““the NPV”” there were substituted “ the relevant chargeable proportion ”.

4

Paragraph 30 has effect as if—

a

in Step 1, for ““the total of the net present values (the ““TNPV””) of the rent payable over the terms of all the linked leases”” there were substituted “ the total of the relevant chargeable proportions of the net present values (the ““TNPV””) of the rent payable over the terms of all the leases ”;

b

in Step 2, for ““the TNPV”” there were substituted “ the total of the relevant chargeable proportions ”;

c

in Step 4, for ““the NPV”” substitute “ the relevant chargeable proportion ” and for ““the TNPV”” substitute “ the total of the relevant chargeable proportions ”.

5

Paragraph 33(1) has effect as if for ““paragraphs 34 and 35”” there were substituted “ paragraphs 13 and 21 of Schedule 7 and paragraphs 34 and 35 of this Schedule ”.

6

Paragraph 36(1)(a) has effect as if—

a

in sub-paragraph (i) for ““the annual rent”” there were substituted “ the relevant chargeable proportion of the annual rent ”;

b

in sub-paragraph (ii) for ““the total of the annual rents”” there were substituted “ the relevant chargeable proportion of the total of the annual rents ”.

7

For the purposes of paragraphs 29, 30 and 36 of Schedule 6 as modified by this paragraph, the relevant chargeable proportion is—

( 100 - SLP ) %math

Figure 11 where SLP is the sum of the lower proportions.

8

The following paragraphs apply for determining the sum of the lower proportions—

a

in the case of a transaction to which paragraph 13 applies, paragraph 14, and

b

in the case of a transaction to which paragraph 21 applies, paragraph 22.

9

In the case of a transaction to which paragraph 21 applies, this paragraph is subject to paragraph 30.