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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. Restrictions on section 61 expenses: lease of part of premises

Section 65 | Restrictions on section 61 expenses: lease of part of premises

From legislation.gov.uk

(1)This section applies if—

(a)section 64 applies, and

(b)the lease granted out of the taxed lease does not extend to the whole of the premises subject to the taxed lease.

(2)Subsections (3) to (5) apply for a qualifying day that falls within the receipt period of the lease premium receipt.

(3)Sections 61, 63 and 64 apply separately in relation to the part of the premises subject to the lease and to the remainder of the premises.

(4)If—

(a)more than one lease that does not extend to the whole of the premises subject to the taxed lease has been granted out of the taxed lease, and

(b)the qualifying day falls within the receipt period of two or more lease premium receipts that relate to different leases,

sections 61, 63 and 64 apply separately in relation to each part of the premises subject to a lease to which such a lease premium receipt relates and to the remainder of the premises.

(5)Where sections 61, 63 and 64 apply in relation to a part of the premises, A becomes the amount calculated by multiplying the unreduced amount of the taxed receipt by the fraction of the premises constituted by the part.

(6)This fraction is calculated on a just and reasonable basis.

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