Part 4Property income

Chapter 4Profits of property businesses: lease premiums etc

Deductions in relation to certain receipts

233Restrictions on section 232 expenses: the additional calculation rule

(1)

This section applies if—

(a)

in calculating the amount of a receipt under this Chapter there is a reduction under section 228 (the additional calculation rule) by reference to a taxed receipt, or

(b)

in calculating the amount of a receipt under Chapter 4 of Part 3 of ITTOIA 2005 (profits of a property business: lease premiums etc) there is a reduction under section 288 of that Act (the additional calculation rule) by reference to a taxed receipt.

The receipt that is so reduced is referred to in this section as the “lease premium receipt”.

(2)

Subsections (3) to (5) provide for the application of section 232 for a qualifying day that falls within the receipt period of the lease premium receipt.

(3)

The tenant under the taxed lease is treated as incurring an expense under section 232 for the qualifying day by reference to the taxed receipt only if the daily amount of the taxed receipt exceeds the daily reduction of the lease premium receipt.

(4)

If the condition in subsection (3) is met, the amount of the expense under section 232 for the qualifying day by reference to the taxed receipt is equal to that excess.

(5)

If the qualifying day falls within the receipt periods of more than one lease premium receipt, the reference in subsection (3) to the daily reduction of the lease premium receipt is to be read as a reference to the total of the daily reductions of each of the lease premium receipts whose receipt period includes the qualifying day.

(6)

In this section—

  • the “daily amount” of the taxed receipt is given by the formula—

    ATRPmath

    where—

    A is the unreduced amount of the taxed receipt (see section 230(2) to (4)), and

    TRP is the number of days in the receipt period of the taxed receipt, and

  • the “daily reduction” of a lease premium receipt is given by the formula—

    ARRRPmath

    where—

    AR is the reduction under section 228 above or section 288 of ITTOIA 2005 by reference to the taxed receipt (see section 230(6)), and

    RRP is the number of days in the receipt period of the lease premium receipt.

(7)

Section 234 explains how this section operates if the lease premium receipt is in respect of a lease that has been granted out of the taxed lease and does not extend to the whole of the premises subject to the taxed lease.