Overview
1398.This Chapter rewrites the Schedule D Case VI charge on rent received in respect of a wayleave granted in the United Kingdom. It is based on section 120 of ICTA.
1399.If a landowner receives rent in respect of a UK electric-line wayleave section 120 of ICTA provides that:
the rent is charged under Schedule A if the landowner receives other rent in respect of the same land; otherwise
the rent is charged under Schedule D.
1400.In practice this means that if the landowner carries on a trade on the land the rent can be treated as a trade receipt. See Change 5 in Annex 1. Otherwise the rent is taxed under Schedule D Case VI.
1401.Section 392 of ICTA gives the rules for dealing with Schedule D Case VI losses. In order to preserve that loss regime it is necessary to isolate the income that ICTA charges under Schedule D Case VI.
