Part 6 Trading Income

Part 6 Trading Income

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Tenants under taxed leases

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(1)     This paragraph relates to the operation of sections 62 to 67 where, in respect of a lease—

(a)     there is a receipt of a Schedule A business or an overseas property business (within the meaning of section 65A(4) or 70A(4) of ICTA) as a result of section 34 or 35 of ICTA (treatment of premiums etc as rent and assignments for profit of lease granted at an undervalue) for a tax year before the tax year 2005–06 or an accounting period ending before 1 April 2009, or

(b)     there would be such a receipt, but for the operation of section 37(2) or (3) of ICTA (reductions in certain receipts under section 34 or 35 of ICTA).

In this paragraph and paragraphs 19 and 20 a receipt falling within paragraph (a) or (b) is referred to as an “ICTA pre-commencement receiptâ€.

(2)     For the purposes of sections 62 to 67—

(a)     the lease is treated as a taxed lease, and

(b)     the ICTA pre-commencement receipt is treated as a taxed receipt.

(3)     For the purposes of those sections,

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