BIM61340 | Leasing: avoidance: sale and leaseback of land: special arrangements
From HM Revenue & Customs · Business Income Manual
S681B-S681BM Income Tax Act 2007, S849-S862 Corporation Tax Act 2010
There are provisions in the above legislation which deal with situations where there is a leaseback following assignment or surrender of a lease. This covers cases where a leaseback of 15 years or less is disguised as a lease for a longer period. In such cases the length of the leaseback is taken to be the period for which the extra rent is payable.
For example:
if a lease has 16 years to run,
an assignment and leaseback for 16 years less one day,
at an increased rent for the first 8 years, and
thereafter at the lower rent which was payable under the original lease,
would fall within the scope of this legislation.
Other provisions extend the scope of this legislation to include:
variations in the terms of a lease in return for consideration, and
to deal with cases where one person receives the lump sum and the extra rent is payable by an associated person (for example, where a partner or an associated service company receives the consideration and the partnership pays the increased rent).