Section 63 | Tenants dealing with land as property employed for purposes of trade

(1)This section applies if the tenant under the taxed lease—

(a)does not occupy the land subject to the taxed lease, or a part of it, but

(b)deals with the tenant's interest in the land, or the part of it, as property employed for the purposes of carrying on a trade.

(2)Section 61 applies as if the land or the part of it were occupied by the tenant for the purposes of the trade.

(3)But the tenant is not treated as incurring an expense in respect of the land for a qualifying day as a result of this section so far as the tenant is treated as incurring an expense under section 292 (tenants under taxed leases treated as incurring expenses) in respect of the land for the day in calculating the profits of the tenant's property business.

(4)This section is subject to sections 64 and 65 (restrictions on section 61 expenses where the additional calculation rule is relevant).