Modifications etc. (not altering text)
C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7
Textual Amendments
F1Pt. 4A (ss. 393A-393W) inserted (with effect as mentioned in s. 67 of the amending Act) by Finance Act 2001 (c. 9), s. 67, Sch. 19 Pt. 1
Modifications etc. (not altering text)
C2Pt. 4A modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 22 (with Sch. 10 para. 25); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
C3 Pt. 4A (ss. 393A-393W) modified (prosp.) by Proceeds of Crime Act 2002 (c. 29) , ss. 448 , 458(1) , Sch. 10 para. 22 , 25
(1)References in this Part to the proceeds from a balancing event are to the amounts received or receivable in connection with the event, as shown in the Table—
TABLE: BALANCING EVENTS AND PROCEEDS
1. Balancing event | 2. Proceeds from event |
---|---|
1. The sale of the relevant interest. | The net proceeds of the sale. |
2. The grant of a long lease out of the relevant interest. | If the capital sum paid in consideration of the grant is less than the commercial premium, the commercial premium. |
In any other case, the capital sum paid in consideration of the grant. | |
3. The coming to an end of a lease, where a person entitled to the lease and a person entitled to any superior interest are connected persons. | The market value of the relevant interest in the flat at the time of the event. |
4. The death of the person who incurred the qualifying expenditure. | The residue of qualifying expenditure immediately before the death. |
5. The demolition or destruction of the flat. | The net amount received for the remains of the flat, together with— |
(a) any insurance money received in respect of the demolition or destruction, and | |
(b) any other compensation of any description so received, so far as it consists of capital sums. | |
6. The flat ceases to be a qualifying flat. | The market value of the relevant interest in the flat at the time of the event. |
(2)The amounts referred to in column 2 of the Table are those received or receivable by the person who incurred the qualifying expenditure.
(3) In Item 2 of the Table “ ” means the premium that would have been given if the transaction had been at arm’s length. ]