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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Amounts treated as receipts: leases

  • Section 277 Lease premiums
  • Section 278 Amount treated as lease premium where work required
  • Section 279 Sums payable instead of rent
  • Section 280 Sums payable for surrender of lease
  • Section 281 Sums payable for variation or waiver of terms of lease
  • Section 281A Sums to which sections 277 to 281 do not apply
  • Section 282 Assignments for profit of lease granted at undervalue
  • Section 283 Provisions supplementary to section 282
  1. Amounts treated as receipts: leases
  2. Sums payable for surrender of lease

Section 280 | Sums payable for surrender of lease

From legislation.gov.uk

(1)This section applies if, under the terms subject to which a short-term lease is granted, a sum becomes payable by the tenant as consideration for the surrender of the lease.

(2)The person to whom the sum is due is treated as—

(a)entering into a transaction mentioned in section 264 (if the land to which the lease relates is in the United Kingdom) or section 265 (if that land is outside the United Kingdom), and

(b)receiving the amount calculated under subsections (4) and (5) as a result of that transaction.

(3)That amount is brought into account as a receipt in calculating the profits of the property business which consists of or includes that transaction for the tax year in which the sum becomes payable.

(4)The amount of the receipt is given by the formula—

Formula

S×(50-Y50)

where—

S is the sum payable as consideration for the surrender of the lease, and

Y is the number of complete periods of 12 months (other than the first) comprised in the effective duration of the lease.

(5)But, if the rule in section 288 (the additional calculation rule) applies, the amount given by the formula in subsection (4) is reduced by the amount calculated in accordance with section 288.

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