Part 2Trading income

Chapter 6Trade profits: receipts

Reverse premiums

99Reverse premiums

1

For the purposes of sections 101 and 102 a payment or other benefit is a reverse premium—

a

if conditions A to C are met, and

b

it is not excluded by section 100.

2

Condition A is that a person (“the recipient”) receives the payment or other benefit by way of inducement in connection with a transaction being entered into by—

a

the recipient, or

b

a person connected with the recipient.

3

Condition B is that the transaction (the “property transaction”) is one under which—

a

the recipient, or

b

the person connected with the recipient,

becomes entitled to an estate, interest or right in or over land.

4

Condition C is that the payment or other benefit is paid or provided by—

a

the person (“the grantor”) by whom the estate, interest or right is granted or was granted at an earlier time,

b

a person connected with the grantor, or

c

a nominee of, or a person acting on the directions of, the grantor or a person connected with the grantor.