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Home / Simons-Taxes /Business tax /Part B5 Specific trades and activities /Division B5.4 Leases /Leases—anti-avoidance—assets other than land / B5.410 Leases—anti-avoidance provisions for assets other than land—overview
Commentary

B5.410 Leases—anti-avoidance provisions for assets other than land—overview

Business tax

B5.410 Leases—anti-avoidance provisions for assets other than land—overview

There are anti-avoidance provisions which prevent a person (X) from obtaining excessive tax relief in the following circumstances:

  1. Ìý

    (a)ÌýÌýÌýÌý X holds an asset (a relevant asset) for which he obtains tax relief (see below) for rentals under a lease which provides for a very high rent for the first few years

  2. Ìý

    (b)ÌýÌýÌýÌý thereafter X pays a nominal amount of rent for the asset, so that his lease has a value which he can realise

  3. Ìý

    (c)ÌýÌýÌýÌý X sells their interest in the lease to Y for a capital sum

  4. Ìý

    (d)ÌýÌýÌýÌý if X wishes to continue using the asset X can obtain a sub lease from

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