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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Charge to tax on rent receivable for UK electric-line wayleaves

  • Section 344 Charge to tax on rent receivable for a UK electric-line wayleave
  • Section 345 Meaning of “rent receivable for a UK electric-line wayleave”
  • Section 346 Extent of charge to tax
  • Section 347 Income charged
  • Section 348 Person liable
  1. Charge to tax on rent receivable for UK electric-line wayleaves
  2. Extent of charge to tax

Section 346 | Extent of charge to tax

From legislation.gov.uk

(1)Rent receivable for a UK electric-line wayleave is not chargeable to tax under this Chapter for a tax year if—

(a)a person carries on a UK property business in relation to some or all of the land to which the wayleave relates, and

(b)receipts (other than rents receivable for UK electric-line wayleaves) in respect of some or all of that land are brought into account in calculating the profits of the business for the tax year.

(2)In such a case, the rent receivable for the UK electric-line wayleave is brought into account in calculating the profits of the person's UK property business.

(3)The rules for determining whether an amount is chargeable to tax under this Chapter also need to be read with section 22(2) (payments for wayleaves if person carries on a trade).

(4)That subsection secures that an amount which would otherwise be chargeable to tax under this Chapter may be brought into account instead in calculating the profits of a trade.

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