This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Calculation of lease surrender gain

simplytax
Posts:86
Joined:Wed Aug 06, 2008 3:34 pm
Calculation of lease surrender gain

Postby simplytax » Wed Mar 11, 2009 6:46 pm

Where a lease agreement between a tenant and company landlord does not include a provision for payment to the landlord for early surrender or renunciation of the lease, as I understand it, the short term lease premium rules do not apply and the full payment is taxable as a chargeable gain.
However, if the building has numerous units available for lease and the surrender of the lease in question only relates to 1 unit, how is the cost attributable to the gain on the lease premium calculated?

The following basis of calculation would apply if the lease was for the entire building.

Cost of whole building x (Lease surrender value / Lease surrender value + Value of whole property after surrender of lease)

How is the above calculation amended where a payment is received by the landlord for the renunciation of a lease of 1 unit out of say 40 letting units in a building to arrive at the apportioned cost of the lease premium receipt?

Also, does a formal valuation have to be obtained or can the accounts value be used if it is noted as approximating market value?

Return to “Property Taxation”