Leases: example: grant of short lease out of freehold or long lease
The following example illustrates the rules set out in CG70960 and CG70961.
On 6 April 1985, Miss S bought a freehold property for £45,000 including expenses of purchase. On 6 April 1992 she granted a 46 year lease for a premium of £35,000 and a rent of £2,000 per year. The Valuation Office Agency reported that the value of the reversionary interest in the property was £50,000.
The computation of the gain is as follows.
|I) Amount chargeable as property income|
|Amount chargeable as property income:||35,000 -||(35,000 x 45)||3,500|
|Consideration for CGT purposes||31,500|
|ii) Allowable expenditure|
|Applying the part disposal formula in TCGA92/S42:||45,000 x||31,500 =||16,677|
|35,000 + 50,000|
Note: The A factor in the numerator is the consideration for CGT purposes; the A factor in the denominator is the entire premium.
iii) Chargeable gain
|less Allowable expenditure||16,677|
|less Indexation 16,677 x .464 =||7,739|
NOTE. If a taxpayer is within the charge to Capital Gains Tax, neither indexation allowance nor taper relief apply to disposals of assets on or after 6 April 2008. Previously indexation allowance had been frozen at April 1998. Companies and other concerns within the charge to Corporation Tax are not affected by these changes. For indexation allowance see CG17207+ and for taper relief see CG17895+.