Leases: granting of a lease: introduction
This section deals with the Capital Gains Tax consequences of the granting of a lease. As explained in CG70770, the granting of a lease is the part-disposal of the freehold or leasehold interest held by the grantor.
A chargeable gain or allowable loss will arise on the grant of a lease. There are three basic situations which are commonly met:
- where a premium is paid;
- where no premium is paid because the rent charged under the lease is a rack rent, see CG70751;
- where the lease is granted otherwise than at arms length.
Each of these situations is covered in the guidance in this section.
The implications of a reverse premium are also considered.
The guidance in this section is sub-divided as follows:
- premiums and reverse premiums, see CG70820 onwards
- reverse premiums, see CG70830
- interaction with the charge as property income, see CG70900P
- long and short leases granted out of freeholds or long leases, see CG70950P
- short leases granted out of short leases, see CG71000P
- capital improvements by the tenant, see CG70840