SCHEDULE 28Lease premium relief
Income tax
1
ITTOIA 2005 is amended as follows.
2
“(5A)
No expense is to be determined under this section by reference to the taxed receipt if section 292(4B) or (4C) applies.”
3
“(4A)
No expense is to be determined under this section by reference to the taxed receipt if subsection (4B) or (4C) applies.
(4B)
This subsection applies if there would have been no taxed receipt but for the application of Rule 1 in section 303 in determining the effective duration of the lease.
(4C)
This subsection applies if there would have been no taxed receipt but for the application of Rule 1 in section 243 of CTA 2009 in determining the effective duration of the lease for the purposes of Chapter 4 of Part 4 of that Act.”
4
The amendments made by paragraphs 2 and 3 above have effect in relation to leases granted on or after 6 April 2013.
Corporation tax
5
CTA 2009 is amended as follows.
6
“(5A)
No expense is to be determined under this section by reference to the taxed receipt if section 232(4B) or (4C) applies.”
7
“(4A)
No expense is to be determined under this section by reference to the taxed receipt if subsection (4B) or (4C) applies.
(4B)
This subsection applies if there would have been no taxed receipt but for the application of Rule 1 in section 243 in determining the effective duration of the lease.
(4C)
This subsection applies if there would have been no taxed receipt but for the application of Rule 1 in section 303 of ITTOIA 2005 in determining the effective duration of the lease for the purposes of Chapter 4 of Part 3 of that Act.”
8
The amendments made by paragraphs 6 and 7 above have effect in relation to leases granted on or after 1 April 2013.