Commentary

B2.448 Leases payments—case law

Business tax
Business tax | Commentary

B2.448 Leases payments—case law

Business tax | Commentary

B2.448 Leases payments—case law

For the treatment of lease premium deductions, see B2.447. There are several other payment types that can arise whilst a tenant is subject to a lease agreement and it is necessary to determine whether these payments are allowable for tax purposes. Such payments are often capital in nature and will not be allowable.

Improvement costs under a lease

Where a tenant undertakes an obligation under a lease to renovate the premises following the grant of the lease, the expenditure incurred is likely to be capital expenditure. Similarly, sums paid by a tenant to reimburse the landlord for costs incurred on improvements have also been held to be capital payments.

Agreeing, renewing and terminating leases

In Strump1, no deduction was allowed for a lump sum paid to secure the renewal of a lease of business premises for five years at the same rent. Nor was a deduction allowable for a premium payable by quarterly instalments which were to cease if the lease were terminated.

In Staveley Coal and Iron Co Ltd2, a colliery company which held the right to work beds of coal under two mining leases, subsequently agreed with the lessor for the surrender of certain seams, without in one case the obligation of restoring the surface, in consideration of a total payment of £6,500. It was held that the payment was capital expenditure and not an admissible deduction from profits. The payment

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