- Latest available (Revised)
- Point in Time (13/10/2011)
- Original (As enacted)
Point in time view as at 13/10/2011.
There are currently no known outstanding effects for the Income Tax Act 2007, Cross Heading: Interpretation etc.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Pt. 12A inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 4 para. 2 (with Sch. 9 paras. 1-9, 22)
(1)This section applies for the purposes of sections 681AD and 681AE.
(2)A payment must be excluded so far as it is in respect of any of the following—
(a)services,
(b)the use of relevant assets, and
(c)rates usually borne by the tenant.
(3)The amount excluded must be just and reasonable.
(4)If a lease or agreement contains provisions fixing the payments or parts of payments which are in respect of services or the use of assets, those provisions are not conclusive.
(5)A relevant asset is any description of property or rights other than land or an interest in land.
(1)Subsection (3) applies—
(a)for the purpose of making a comparison under rule 4 of section 681AD(3) if section 681AD has effect because of section 681AA(1), and
(b)for the purpose of making a comparison under section 681AE(3) if section 681AE has effect because of section 681AA(2).
(2)In this section “the actual lease” means the lease mentioned in section 681AA(1)(b) or (2)(b).
(3)The commercial rent is the rent which might be expected to be paid under a lease, of the land in respect of which the payment mentioned in section 681AA(1)(b) or (2)(b) is made, which—
(a)was negotiated in the open market when the actual lease was created,
(b)is of the same duration as the actual lease,
(c)is subject to the terms and conditions of the actual lease as respects liability for maintenance and repairs, and
(d)provides for rent payable at uniform intervals and at an appropriate rate.
(4)Rent is payable at an appropriate rate if—
(a)it is payable at a uniform rate, or
(b)in a case where the rent payable under the actual lease is rent at a progressive rate (and such that the amount of rent payable for a year is never less than the amount payable for a previous year), it progresses by gradations proportionate to those provided by the actual lease.
(1)Subsection (2) applies—
(a)for the purpose of making a comparison under rule 4 of section 681AD(3) if section 681AD has effect because of section 681AB(1), and
(b)for the purpose of making a comparison under section 681AE(3) if section 681AE has effect because of section 681AB(2).
(2)The commercial rent is the rent which might be expected to be paid under a lease, of the land in respect of which the payment mentioned in section 681AB(1)(b) or (2)(b) is made, which—
(a)was negotiated in the open market when the rentcharge or other transaction mentioned in section 681AB(1)(b) or (2)(b) was effected,
(b)is a tenant's repairing lease, and
(c)is of an appropriate duration.
(3)A tenant's repairing lease is a lease where the lessee is under an obligation to maintain and repair the whole (or substantially the whole) of the premises comprised in the lease.
(4)To see whether a lease is of an appropriate duration, take the period over which payments are to be made under the rentcharge or other transaction, and—
(a)if that period is 200 years or more (or the obligation to make the payments is perpetual) an appropriate duration is 200 years, or
(b)if that period is less than 200 years, an appropriate duration is the same duration as that period.
(1)This section applies for the purposes of this Chapter.
(2)A reference to a lease includes a reference to any of the following—
(a)an underlease, sublease, tenancy or licence, and
(b)an agreement for a lease, underlease, sublease, tenancy or licence, and
(c)in the case of land outside the United Kingdom, an interest corresponding to a lease (as defined here).
(3)A reference to rent includes a reference to any payment under a lease.
(4)A reference to rent under a lease includes a reference to expenses which the tenant under the lease is treated as incurring in respect of the land subject to the lease under any of—
(a)sections 61 to 67 of ITTOIA 2005 (land occupied for trade purposes), and
(b)sections 292 to 297 of that Act (taxed leases).
(5)Expenses within subsection (4) must be treated as having been paid as soon as they were incurred.
(1)This section applies for the purposes of this Chapter.
(2)The following persons are associated with one another—
(a)the transferor in an affected transaction and the transferor in another affected transaction, if the two persons are acting in concert or if the two transactions are in any way reciprocal, and
(b)any person who is an associate of either of those associated transferors.
(3)Two or more bodies corporate are associated with one another if they participate in, or are incorporated for the purposes of, a scheme—
(a)for the reconstruction of any body or bodies corporate, or
(b)for the amalgamation of any two or more bodies corporate.
(4)Persons are associated with one another if they are associates as defined in section 681DL (relatives, settlements, persons controlling bodies, joint owners etc).
(5)In subsection (2) “affected transaction” means a transaction within—
(a)section 681AA(1) or (2) or 681AB(1) or (2), or
(b)section 835(1) or (2) or 836(1) or (2) of CTA 2010.
In the case of land outside the United Kingdom, expressions in this Chapter relating to interests in land and their disposition must be taken to relate to corresponding interests and dispositions.]
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: