Part 4

Agricultural buildings allowances
Chapter 5

Balancing adjustments

Calculation of balancing adjustments

Interpretation of section 389
390
1
In section 389—
- “
commercial rent
” means such rent as may reasonably be expected to have been required in respect of the subordinate interest (having regard to any premium payable for the grant of the interest) if the transaction had been at arm’s length;
- “
premium
” includes any capital consideration, except so much of any sum as corresponds to
—
  1. an amount brought into account as a receipt in calculating the profits of a
UK
property business under sections 217 to 221 of CTA 2009 that is calculated by reference to the sum, or
  2. an amount brought into account as a receipt in calculating the profits of a
UK
property business under sections 277 to 281 of
ITTOIA
2005 that is calculated by reference to the sum;
- “
subordinate interest
” means an interest in or right over the related agricultural land, whether granted by the former owner or anyone else.
2
In section 389 and this section—
- “
capital consideration
” means consideration which consists of a capital sum or would be a capital sum if it had consisted of a money payment, and
- “
rent
” includes any consideration which is not capital consideration.
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
Words in definition in s. 390(1) become para. (a) (with effect in accordance with s. 883(1) of the amending Act) by virtue of Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 557(a) (with Sch. 2)
Words in s. 390(1) inserted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 557(b) (with Sch. 2)
Pt. 4 restricted (19.7.2007) by Finance Act 2007 (c. 11), s. 36(4)-(7)
Pt. 4 omitted (with effect in relation to chargeable periods beginning on or after 1.4.2011 for corporation tax purposes and 6.4.2011 for income tax purposes in accordance with ss. 84(1)(3)(4), 85 of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 84(2) (with Sch. 27)
Words in s. 390(1) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 503 (with Sch. 2 Pts. 1, 2)