Commentary

B3.273 Relevant interest in a structure or building

Business tax
Business tax | Commentary

B3.273 Relevant interest in a structure or building

Business tax | Commentary

B3.273 Relevant interest in a structure or building

The structures and buildings allowance (SBA) is available to a person who holds the relevant interest in the building or structure (see B3.271).

The 'relevant interest', in relation to any qualifying expenditure, is the interest in the building or structure to which the person who incurred the expenditure on its construction was entitled when it was incurred1. If that person was then entitled to two or more interests in the building or structure and one of the interests was reversionary on all of the others, only that interest is the relevant interest2.

A person who incurs expenditure on the construction of a building or structure and is entitled to an interest in the building or structure on or as a result of the completion of construction is treated, in determining the relevant interest, as having had that interest when the expenditure was incurred3.

Leases

Subject to the rules below on leases granted for 35 years or more, an interest does not cease to be the relevant interest merely because of the creation of a lease or other interest

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