Commentary

B2.219 Payments for wayleaves

Business tax
Business tax | Commentary

B2.219 Payments for wayleaves

Business tax | Commentary

B2.219 Payments for wayleaves

Broadly speaking, a wayleave is a right of way granted by a landowner, usually in exchange for a payment, which allows access to land for a particular purpose. Where land to which a wayleave relates is used wholly or partly for carrying on a trade, the trader may opt for receipts and expenses in respect of the wayleave to be included in the calculation of the profits of the trade1. It is a condition that the trader must have no other income from the land in question2.

For income tax purposes all other rents from wayleaves are

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