BIM46810 - Specific deductions: rent & rates: miscellaneous

Commuted rent

The statement in paragraph 7 of the case of Cowcher v Richard Mills and Co Ltd [1927] 13TC216, should not be regarded as authority for allowing as a deduction expenditure similar to the commuted rent there referred to, since that rent had been erroneously allowed as a deduction in years prior to 1921. Any claim to such a deduction should be refused and, if necessary, taken to appeal.

Onerous lease agreement

A lump sum payment by a tenant to vary the terms of an onerous lease agreement is not an allowable expense in computing profits (see Tucker v Granada Motorway Services Ltd [1979] 53TC92).

Where a premium is paid to vary the terms of a lease of land see BIM46250 onwards.

Tied premises

The treatment of rents paid and rents receivable in respect of tied premises is governed by ICTA88/S98. As to brewers' tied houses, see BIM51430.

Landlord abroad

Where a trader pays rent to a landlord who lives outside the UK, see PIM4800.