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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. Provisions supplementary to section 282

Section 283 | Provisions supplementary to section 282

From legislation.gov.uk

(1)This section operates for the purposes of section 282.

(2)A lease is granted at an undervalue if the terms subject to which it was granted are such that the landlord who granted it could have required the payment of an additional sum by way of premium, or additional premium, for its grant.

(3)The additional sum is the undervalue.

(4)The test in subsection (2) must be applied—

(a)having regard to values prevailing at the time the lease was granted, and

(b)on the assumption that the negotiations for the lease were at arm's length.

(5)A profit is made on an assignment of a lease if the consideration for the assignment exceeds—

(a)if the lease has not previously been assigned, any premium for which it was granted, or

(b)in any other case, any consideration for which it was last assigned.

(6)The amount of the excess is the profit.

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