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Part 4 Agricultural buildings allowances

Chapter 6 Supplementary provisions

Giving effect to allowances and charges

391 Trades

An allowance or charge to which a person is entitled or liable under this Part is to be given effect in calculating the profits of that person’s trade, by treating—

a

the allowance as an expense of the trade, and

b

the charge as a receipt of the trade.

392F2UK property and Schedule A businesses

1

This section applies if a person who is entitled or liable to an allowance or charge for a chargeable period was not carrying on a trade in that period.

2

If the person was carrying on F3a UK property business, or a Schedule A business, at any time in that period, the allowance or charge is to be given effect in calculating the profits of that business, by treating—

a

the allowance as an expense of that business, and

b

the charge as a receipt of that business.

F12A

If the person is within the charge to income tax in respect of the allowance or charge and he was not carrying on a UK property business at any time in that period, the allowance or charge is to be given effect by treating him as if he had been carrying on such a business in that period and as if—

a

the allowance were an expense of that business, and

b

the charge were a receipt of that business.

3

If the person F4is a company within the charge to corporation tax in respect of the allowance or charge and it was not carrying on a Schedule A business at any time in that period, the allowance or charge is to be given effect by treating F5the company as if F6it had been carrying on such a business in that period and as if—

a

the allowance were an expense of that business, and

b

the charge were a receipt of that business.

Meaning of “freehold interest”, “lease” etc.

393 Meaning of “freehold interest”, “lease”, etc.

1

In this Part “freehold interest in land” means—

a

the fee simple estate in the land, or

b

in relation to Scotland, the interest of the owner.

2

In this Part “freehold interest in land” also includes—

a

an agreement to acquire the fee simple estate in the land, or

b

in relation to Scotland, an agreement to acquire the interest of the owner.

3

In this Part “lease” includes—

a

an agreement for a lease if the term to be covered by the lease has begun, and

b

any tenancy,

but does not include a mortgage (and “lessee”, “lessor” and “leasehold interest” are to be read accordingly).

4

In the application of this Part to Scotland—

a

leasehold interest” means the interest of a tenant in property subject to a lease, and

b

any reference to an interest which is reversionary on a leasehold interest or on a lease is to be read as a reference to the interest of the landlord in the property subject to the leasehold interest or lease.