BIM46280 - Specific deductions: premiums: prevention of double allowance

ICTA88/S87 (8) prohibits a trading deduction if the amount chargeable on the lessor arises by reason of the lessee's obligation to carry out work which:

  • qualifies for capital allowances, and
  • is to become the lessor's property on the expiry of the lease.

The prohibition should also be regarded as applying where renewals allowance was claimed as an alternative to capital allowances ( BIM46935).

No trading deduction should be allowed in respect of a payment which the lessee is required to make to the lessor for assets qualifying for capital allowances (or, alternatively, renewals allowance), notwithstanding that the lessor is chargeable under ICTA88/S34 (1), by reference to the excess of the payment over the actual worth of the asset.