Part 3Property income

Chapter 4Profits of property businesses: lease premiums etc.

Additional calculation rule for reducing certain receipts

287Circumstances in which additional calculation rule applies

1

The rule in section 288 (the additional calculation rule) applies in relation to the calculation of receipts under—

  • section 277 (lease premiums),

  • section 279 (sums payable instead of rent),

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

  • section 281 (sums payable for variation or waiver of term of lease), or

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

2

It applies if conditions A and B are met.

3

Condition A is that—

a

in the case of a receipt under section 277, 279 or 280, the lease is granted out of a taxed lease,

b

in the case of a receipt under section 281, the lease was granted out of a taxed lease, and

c

in the case of a receipt under section 282, the assignment is of a taxed lease.

4

A lease is a “taxed lease” for the purposes of this Chapter if—

a

there is a receipt under any of sections 277 to 282 in respect of the lease, or

b

there would be such a receipt, but for the operation of the additional calculation rule in the calculation of its amount.

In this Chapter such a receipt is referred to as a “taxed receipt”.

5

Condition B is that the taxed receipt, or if there is more than one, at least one of them, has an unused amount.

6

See section 290 for an explanation of when a taxed receipt has an “unused amount”.