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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 dealing with land as property employed for purposes of trade

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

From legislation.gov.uk

(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).

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