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(1)A person is entitled to a writing-down allowance for a chargeable period if he has incurred qualifying expenditure in respect of a qualifying building and, at the end of the chargeable period—
(a)the person is entitled to the relevant interest in the qualifying building,
(b)the person has not granted a long lease of the qualifying building out of the relevant interest in consideration of the payment of a capital sum, and
(c)the qualifying building constitutes qualifying business premises.
(2) In subsection (1)(b) “ long lease ” means a lease the duration of which exceeds 50 years.
(3)Whether the duration of a lease exceeds 50 years is to be determined—
(a) in accordance with section 303 of ITTOIA 2005, and
(b)without regard to section 360Z3(3) of this Act (new lease granted as a result of the exercise of an option treated as continuation of old lease).
(4)A person claiming a writing-down allowance may require the allowance to be reduced to a specified amount.]
Textual Amendments
F1Pt. 3A inserted (11.4.2007 with effect in accordance with s. 92 of the amending Act) by Finance Act 2005 (c. 7), Sch. 6 para. 1; S.I. 2007/949, art. 2
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