Income Tax (Trading and Other Income) Act 2005

Introduction U.K.

276 Introduction U.K.

(1) This Chapter provides for certain amounts (which would otherwise generally be amounts of a capital nature) to be brought into account as receipts in calculating the profits of a property business.

(2) The amounts relate to short-term leases in the case of—

• section 277 (lease premiums),

• section 278 (amount treated as lease premium where work required),

• section 280 (sums payable for surrender of lease), and

• section 282 (assignments for profit of lease granted at undervalue).

(3) The amounts relate to any lease in the case of—

• section 279 (sums payable instead of rent), and

• section 281 (sums payable for variation or waiver of [F1 terms] of lease).

(4) The amounts relate to the sale of any estate or interest in land in the case of—

• section 284 (sales with right to reconveyance), and

• section 285 (sale and leaseback transactions).

(5) This Chapter also permits certain deductions in calculating the profits of property businesses carried on by tenants under certain leases (see sections 291 and 292 [F2 ; but see also section 276A]).

(6) In this Chapter “short-term lease” means a lease whose effective duration is 50 years or less.

Textual Amendments

F1 Word in s. 276(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 614 (with Sch. 2 Pts. 1, 2)

F2 Words in s. 276(5) inserted (16.11.2017) (with effect in accordance with Sch. 2 para. 64 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 2 para. 21

[F3 276A Application of Chapter to property businesses using cash basis U.K.

The following provisions of this Chapter do not apply in calculating the profits of a property business on the cash basis—

(a) sections 291 to 294 (tenants under taxed leases: deductions), and

(b) sections 296 and 298 (ICTA modifications).]

Textual Amendments

F3 S. 276A inserted (16.11.2017) (with effect in accordance with Sch. 2 para. 64 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 2 para. 22