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Section 60 Tenants under taxed leases: introduction

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(1) Sections 61 to 67 apply if land used in connection with a trade is subject to a taxed lease.

(2) Section 61 (tenants occupying land for purposes of trade treated as incurring expenses) applies in calculating the profits of a trade carried on by the tenant under the taxed lease for the purpose of making deductions for the expenses of the trade.

(3) But any deduction for an expense under section 61 is subject to the application of any provision of Chapter 4 of this Part.

(4) In this section and sections 61 to 67 the following expressions have the same meaning as in Chapter 4 of Part 3 (profits of property businesses: lease premiums etc.)—

“receipt period” (see section 288(6)),

“taxed lease” (see section 287(4)),

“taxed receipt” (see section 287(4)), and

“unreduced amount” (see section 290(2)).

(5) Section 290(3) and (4) (unreduced amount of taxed receipt under section 277 as a result of section 278) applies for the purposes of sections 61 to 65.

(6) In sections 64 to 67 references to a reduction under section 288 [below or section 228 of CTA 2009]1 by reference to a taxed receipt have the same meaning as in Chapter 4 of Part 3 (see section 290(6)).

Amendments

1 Inserted by Corporation Tax Act 2009 section 1322 and Schedule 1 para 591 for 2009-10 and later tax years (for income tax and capital gains tax purposes), and for accounting periods ending on or after 1 April 2009 (for corporation tax purposes).

(7) In the application of sections 64 to 67 to Scotland—

(a) references to a lease being granted out of a taxed lease are to the grant of a sublease of land subject to the taxed lease, and

(b) references to the lease so granted are to be read as references to the sublease.

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