BIM61315 - Leasing: avoidance: sale and leaseback of land: carry-forward of disallowed amounts

There is provision in ICTA88/S779 (5) for the carry-forward of disallowed amounts. The instruction at BIM61250 applies with the substitution of the transferor or an associate for the same person.

Associate is defined in ICTA88/S779 (11).

Example

Arthur sells a property to Brian and leases it back for 20 years.

Rent of £55,000 p.a. is payable for the first 2 years and £10 p.a. thereafter.

The commercial rent, as defined by ICTA88/S779 (9) is £7,500 pa.

The rent to be allowed in Arthur's accounts will be:

Year

Rent Paid

Brought Forward

Total

Commercial Rent

Deduction Allowed

1£55,0000£55,000£7,500£7,500
2£55,000£47,500£102,500£7,500£7,500
3 - 14£120£95,000£95,120£90,000£90,000
15£10£5,120£5,130£7,500£5,130
16 - 20£500£50£30,000£50