In section 39 (exclusion of expenditure by reference to tax on income) after subsection (3) insert—

“(4)

If—

(a)

because section 759(4) or (6) of ITA 2007 applies, the person charged to tax under Chapter 3 of Part 13 of that Act (transactions in land) is a person other than the person (“A”) by whom the gain was realised, and

(b)

the income tax has been paid,

for the purposes of this section the amount charged to that tax is regarded as having been charged as the income of A.”