Technical Note 5 December 2005 – Clarification of draft legislation

It has come to our attention that paragraph 15 of the draft legislation (PDF 275K)has caused some uncertainty and we understand that in some cases business is being held up as a result.

It is intended that paragraph 15 should apply only where there is a pre-existing heads of agreement.

We understand that there is some concern that, as currently drafted, the paragraph may apply even where there is no pre-existing heads of agreement. The draft legislation will be amended to ensure that it is clear that it is only to apply where there is, before 21 July 2005, a pre-existing heads of agreement that would satisfy Condition 1 for an excepted lease.

Enquiries and comments on this clarification should be addressed to:

Paul Lane
HM Revenue & Customs
CT & VAT Products & Processes Group
Mailstation A, 3rd floor
100 Parliament Street
London SW1A 2BQ

Telephone: 020 7147 2637
Email: Paul Lane