SCHEDULE 2Transitionals and savings etc.
Part 4Property income
Lease premiums: pre-commencement receipts treated as taxed receipts
67
(1)
This paragraph relates to the operation of sections 287 to 298 where, in respect of a lease—
(a)
there is a receipt of a Schedule A business or an overseas property business (within the meaning of section 65A(4) or 70A(4) of ICTA) as a result of section 34 or 35 of ICTA (treatment of premiums etc. as rent and assignments for profit of lease granted at an undervalue) for a tax year before the tax year 2005-06 or an accounting period ending before 6th April 2005, or
(b)
there would be such a receipt, but for the operation of section 37(2) or (3) of ICTA (reductions in certain receipts under section 34 or 35 of ICTA).
In this paragraph and paragraphs 68 and 69 such a receipt is referred to as a “pre-commencement receipt”.
(2)
For the purposes of Chapter 4 of Part 3—
(a)
the lease is treated as a taxed lease, and
(b)
the pre-commencement receipt is treated as a taxed receipt.
(3)
For the purposes of that Chapter, the “receipt period” of a taxed receipt which is a pre-commencement receipt is—
(a)
in the case of a pre-commencement receipt as a result of section 34 of ICTA, the period treated in calculating the amount of the receipt as being the duration of the lease, and
(b)
in the case of a pre-commencement receipt as a result of section 35 of ICTA, the period treated in calculating the amount of the receipt as being the duration of the lease remaining at the date of the assignment.
(4)
For the purposes of that Chapter the “unreduced amount” of a taxed receipt which is a pre-commencement receipt is the amount of the pre-commencement receipt as a result of section 34 or 35 of ICTA, before the operation of section 37(2) or (3) of ICTA.
(5)
Sub-paragraph (6) applies to a taxed receipt which is a pre-commencement receipt arising as a result of section 34(2) of ICTA (obligation on tenant to carry out work under lease).
(6)
If the obligation to carry out work included the carrying out of work which gave or will give rise to expenditure for which an allowance has been, or may be, made under the enactments relating to capital allowances, the unreduced amount of the taxed receipt is calculated as if the obligation had not included the carrying out of that work.