Part 4

Property income
Chapter 4

Profits of property businesses: lease premiums etc

Amounts treated as receipts: leases

Sums payable instead of rent
219
1
This section applies if—
a
under the terms subject to which a lease is granted a sum becomes payable by the tenant instead of the whole or a part of the rent for a period, and
b
the period is 50 years or less.
2
The company to which the sum is due is treated as—
a
entering into a transaction mentioned in section 205 (if the land to which the lease relates is in the United Kingdom) or section 206 (if that land is outside the United Kingdom), and
b
receiving the amount calculated under subsections (4) and (5) as a result of that transaction.
3
That amount is brought into account as a receipt in calculating the profits of the property business which consists of or includes that transaction for the accounting period in which the sum becomes payable.
4
The amount of the receipt is given by the formula—
S × 50 - Y50
where—
S is the sum payable instead of rent, and
Y is the number of complete periods of 12 months (other than the first) comprised in the period in relation to which the sum is payable.
5
But, if the rule in section 228 (the additional calculation rule) applies, the amount given by the formula in subsection (4) is reduced by the amount calculated in accordance with section 228.
6
In determining for the purposes of this Chapter the duration of the period in relation to which the sum is payable, any part of the period that falls after the expiry of the effective duration of the lease is excluded.
Pt. 4 Ch. 4 applied by 2010 c. 8, s. 436(8) (as inserted (with effect in accordance with Sch. 5 para. 25(1)-(3) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 5 para. 1 (with Sch. 5 paras. 27, 32-34))