Section 67 Restrictions on section 61 expenses: corporation tax receipts [under ICTA]
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Amendments
Heading words inserted by Corporation Tax Act 2009 section 1322 and Schedule 1 para 595(3) 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).
(1) This section provides for the application of section 61 as a result of section 63 if—
(a) a lease has been granted out of the taxed lease,
(b) in calculating the amount of a corporation tax receipt in respect of the lease, there is a reduction under section 37(2) or (3) of ICTA by reference to the amount chargeable on the superior interest for the purposes of that section, and
(c) the amount chargeable on the superior interest is the taxed receipt for the purposes of section 61.
(2) Sections 61 and 63 to 65 apply as follows—
(a) the corporation tax receipt is treated as if it were a lease premium receipt for the purposes of sections 64 and 65,
(b) references in those sections to the reduction under section 288 by reference to the taxed receipt are, in relation to the corporation tax receipt, to the reduction under section 37(2) or (3) of ICTA by reference to the amount chargeable on the superior interest, and
(c) for the purposes of those sections the receipt period of the corporation tax receipt is—
(i) in the case of a corporation tax receipt as a result of section 34 of ICTA, the period treated in calculating the amount of the receipt as being the duration of the lease, and
(ii) in the case of a corporation tax receipt as a result of section 35 of ICTA, the period treated in calculating the amount of the receipt as being the duration of the lease remaining at the date of the assignment.
(3) There is a corporation tax receipt in respect of a lease if—
(a) there is a receipt of a Schedule A business or an overseas property business (within the meaning of section 70A(4) of ICTA) as a result of section 34 or 35 of ICTA (treatment of premiums etc. as rent and assignments for profit of lease granted at an undervalue) in respect of the lease for an accounting period ending after 5th April 2005 [but before 1st April 2009]1, or
(b) there would be such a receipt, but for the operation of section 37(2) or (3) of ICTA (reductions in certain receipts under section 34 or 35 of ICTA).
Amendments
1 Inserted by Corporation Tax Act 2009 section 1322 and Schedule 1 para 595(2) 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).
(4) References to a reduction under section 37(2) or (3) of ICTA in a corporation tax receipt by reference to the amount chargeable on the superior interest are to the difference between—
(a) the amount of the corporation tax receipt before the operation of section 37(2) or (3) of ICTA, and
(b) the amount of the corporation tax receipt after the operation of that subsection,
so far as attributable to the amount chargeable on the superior interest for the purposes of section 37 of ICTA.
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