Explanatory Notes

Capital Allowances Act 2001

2001 CHAPTER 2

22nd March 2001

Commentary on Sections

Glossary

Part 4: Agricultural buildings allowances
Chapter 2: The relevant interest
Section 367: Merger of leasehold interest

1260.This section is based on sections 125(4) and 126(4) of CAA 1990. It deals with a relevant interest which is a lease. It sets out rules to determine what happens to the relevant interest when the lease comes to an end.

1261.Subsection (1) provides that the reversionary interest (for example the freehold in a simple case) becomes the relevant interest if:

1262.Subsection (2) provides an additional rule if a different person owns the relevant interest as a result of subsection (1). The new owner is treated as having acquired the relevant interest. This gives the new owner the right allowances.

1263.Subsection (3) excludes from this section the cases dealt with in section 368.