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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Tenants under taxed leases

  • Section 60 Tenants under taxed leases: introduction
  • Section 61 Tenants occupying land for purposes of trade treated as incurring expenses
  • Section 62 Limit on deductions if tenant entitled to mineral extraction allowance
  • Section 63 Tenants dealing with land as property employed for purposes of trade
  • Section 64 Restrictions on section 61 expenses: lease premium receipts
  • Section 65 Restrictions on section 61 expenses: lease of part of premises
  • Section 66 Corporation tax receipts under ICTA treated as taxed receipts
  • Section 67 Restrictions on section 61 expenses: corporation tax receipts under ICTA
  1. Tenants under taxed leases
  2. Tenants under taxed leases: introduction

Section 60 | Tenants under taxed leases: introduction

From legislation.gov.uk

(1)Sections 61 to 67 apply if land used in connection with a trade is subject to a taxed lease.

(2)Section 61 (tenants occupying land for purposes of trade treated as incurring expenses) applies in calculating the profits of a trade carried on by the tenant under the taxed lease for the purpose of making deductions for the expenses of the trade.

(3)But any deduction for an expense under section 61 is subject to the application of any provision of Chapter 4 of this Part.

(4)In this section and sections 61 to 67 the following expressions have the same meaning as in Chapter 4 of Part 3 (profits of property businesses: lease premiums etc.)—

“receipt period” (see section 288(6)),

“taxed lease” (see section 287(4)),

“taxed receipt” (see section 287(4)), and

“unreduced amount” (see section 290(2)).

(5)Section 290(3) and (4) (unreduced amount of taxed receipt under section 277 as a result of section 278) applies for the purposes of sections 61 to 65.

(6)In sections 64 to 67 references to a reduction under section 288 below or section 228 of CTA 2009 by reference to a taxed receipt have the same meaning as in Chapter 4 of Part 3 (see section 290(6)).

(7)In the application of sections 64 to 67 to Scotland—

(a)references to a lease being granted out of a taxed lease are to the grant of a sublease of land subject to the taxed lease, and

(b)references to the lease so granted are to be read as references to the sublease.

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