[F1Part 12AU.K.Sale and lease-back etc]

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)

[F2Chapter 2U.K.New lease of land after assignment or surrender

Textual Amendments

F2Pt. 12A Ch. 2 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. 3 (with Sch. 9 paras. 1-9, 22)

New lease treated as endingU.K.

681BFPosition where rent reducesU.K.

(1)If the rent for a relevant period exceeds the rent for the following comparable period, the term of the new lease must be treated as ending on the date when the relevant period ends.

(2)For the purposes of this section—

(a)a relevant period is a rental period of the new lease ending before its fifteenth anniversary,

(b)the following comparable period (in relation to a relevant period) is the rental period which is of the same duration as the relevant period and which begins on the day following the end of the relevant period,

(c)the rent for a period is the total rent payable under the new lease in respect of the period,

(d)a rental period is a period in respect of which a payment of rent is to be made, and

(e)the fifteenth anniversary of the new lease is the fifteenth anniversary of the date on which its term begins.

(3)For the purposes of this section—

(a)all rental periods of a quarter must be treated as being of the same duration, and

(b)all rental periods of a month must be treated as being of the same duration.]