Part 3A

Business Premises Renovation Allowances
Chapter 4

THE RELEVANT INTEREST IN THE QUALIFYING BUILDING

General rule as to what is the relevant interest
360E
1
The relevant interest in a qualifying building in relation to any qualifying expenditure is the interest in the qualifying building to which the person who incurred the qualifying expenditure was entitled when it was incurred.
2
Subsection (1) is subject to the following provisions of this Chapter and to section 360Z3 (provisions applying on termination of lease).
3
If—
a
the person who incurred the qualifying expenditure was entitled to more than one interest in the qualifying building when the expenditure was incurred, and
b
one of those interests was reversionary on all the others,
the reversionary interest is the relevant interest in the qualifying building.
4
An interest does not cease to be the relevant interest merely because of the creation of a lease or other interest to which that interest is subject.
5
If—
a
the relevant interest is a leasehold interest, and
b
that interest is extinguished on the person entitled to it acquiring the interest which is reversionary on it,
the interest into which the leasehold interest merges becomes the relevant interest when the leasehold interest is extinguished.
S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7
Pt. 3A inserted (11.4.2007 with effect in accordance with s. 92 of the amending Act) by Finance Act 2005 (c. 7), Sch. 6 para. 1; S.I. 2007/949, art. 2