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HMRC internal manual

Business Leasing Manual

’Income-into-capital’ schemes and back loaded leases: Relief for set-offs against rentals: interaction with general CGT rules

TCGA92/S37A(4)-(5) deal with the interaction of the relief provided under the paragraph and relief under the general rules in the capital gains code excluding sums taken into account in computing income (TCGA92/S37- CG 10260 onwards):

  • Section 37A(5) prevents relief from being given under the general rules for sums representing cumulative accountancy rental excess deductible under Section 37A(3) on a current or previous disposal.
  • Section 37A(4) ensures that relief under Section 37 for any other sums which meet the relevant conditions remains available.