Corporation Tax Act 2010

Part 18 Sale and lease-back etc

New lease of land after assignment or surrender: right to new lease existed pre-22 June 1971

95 (1) Sub-paragraphs (2) and (3) apply if—

(a) each of conditions A to D in section 850 of this Act, or each of conditions A to D in section 681BA of ITA 2007, is met (new lease granted to, or to person linked with, lessee under assigned or surrendered lease),

(b) condition E in that section is not met (condition that no right to new lease existed before 22 June 1971), and

(c) the rent under the new lease is payable by a person within the charge to corporation tax.

(2) No part of the rent paid under the new lease is to be treated as a payment of capital.

(3) Any provision of CTA 2009 or ICTA providing for deductions or allowances by way of corporation tax relief in respect of payments of rent applies in relation to the rent under the new lease.

(4) Section 862 of this Act (meaning of “rent” etc) applies for the purposes of this paragraph.