F1Part 12ASale and lease-back etc

Annotations:
Amendments (Textual)
F1

Pt. 12A inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 4 para. 2 (with Sch. 9 paras. 1-9, 22)

Chapter 1Payments connected with transferred land

Interpretation etc

681AIExclusion of service charges etc

1

This section applies for the purposes of sections 681AD and 681AE.

2

A payment must be excluded so far as it is in respect of any of the following—

a

services,

b

the use of relevant assets, and

c

rates usually borne by the tenant.

3

The amount excluded must be just and reasonable.

4

If a lease or agreement contains provisions fixing the payments or parts of payments which are in respect of services or the use of assets, those provisions are not conclusive.

5

A relevant asset is any description of property or rights other than land or an interest in land.