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Commentary

C2.1214A Grant of a lease—overview

Capital gains tax

C2.1214A Grant of a lease—overview

The creation or 'grant' of a lease out of an existing asset is a part disposal of the existing asset. There are several possible situations1:

  1. Ìý

    •ÌýÌýÌýÌý where a premium (see C2.1215) is paid

  2. Ìý

    •ÌýÌýÌýÌý where no premium is paid because a full market rent (a 'rack rent') is payable under the lease

  3. Ìý

    •ÌýÌýÌýÌý where a reverse premium is paid (see C2.1218A)

  4. Ìý

    •ÌýÌýÌýÌý where the lease is granted otherwise than at arm's length

Where no premium is paid, there is no chargeable gain

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