Section 65 Restrictions on section 61 expenses: lease of part of premises
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(1) This section applies if—
(a) [section 64 applies]1, and
(b) the lease granted out of the taxed lease does not extend to the whole of the premises subject to the taxed lease.
Amendments
1 Substituted for “the conditions in section 64(1)(a) and (b) are met” by Corporation Tax Act 2009 section 1322 and Schedule 1 para 593 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).
(2) Subsections (3) to (5) apply for a qualifying day that falls within the receipt period of the lease premium receipt.
(3) Sections 61, 63 and 64 apply separately in relation to the part of the premises subject to the lease and to the remainder of the premises.
(4) If—
(a) more than one lease that does not extend to the whole of the premises subject to the taxed lease has been granted out of the taxed lease, and
(b) the qualifying day falls within the receipt period of two or more lease premium receipts that relate to different leases,
sections 61, 63 and 64 apply separately in relation to each part of the premises subject to a lease to which such a lease premium receipt relates and to the remainder of the premises.
(5) Where sections 61, 63 and 64 apply in relation to a part of the premises, A becomes the amount calculated by multiplying the unreduced amount of the taxed receipt by the fraction of the premises constituted by the part.
(6) This fraction is calculated on a just and reasonable basis.
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