Rollover relief and lease premiums

Available?

Didn't find your answer?

Because my question asked in another thread is at risk of not being seen, here goes again.

Farming partnership has granted a 30-year lease over some of its land, with a sizeable premium. I can't see anything that says that rollover relief would not be available in respect of the 'capital' element of the premium. Is the relief available?

 

Replies (6)

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By Tax Dragon
24th Feb 2020 06:37

Isn't this why s152 refers.to "interests in assets", not just to "assets"?

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Replying to Tax Dragon:
Psycho
By Wilson Philips
24th Feb 2020 07:35

Quite probably - the sums involved are substantial so I just wanted reassurance.

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Replying to Wilson Philips:
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By Tax Dragon
24th Feb 2020 09:33

If you want to be completely rigorous, you probably need to include s21 (possibly ss1(c) and/or 2(a)) in your analysis and note (as HMRC does at, for instance, CG70800 and CG70770) that the grant of a lease is a part disposal of the superior interest.

(Edited to correct the final reference)

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By whitevanman
24th Feb 2020 09:18

To retain also, the reply I sent to that other post (and expand just a little):
I think the answer is "Yes".
The premium is (as far as I recall) a sum derived from another asset and chargeable within S22 (with adjustment for amounts chargeable as property income). The HMRC guidance at CG60270 states that relief is available on sums within S22. Of course all the other conditions for relief must also be met.

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Replying to whitevanman:
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By Tax Dragon
24th Feb 2020 09:32

I suspect your logic is the same as mine, notwithstanding that our references are different! :-)

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Replying to Tax Dragon:
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By whitevanman
24th Feb 2020 15:14

Correct.

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