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Change year: 2010

Section 75 Case V: basis of assessment

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(1) Without prejudice to any other provision of the Income Tax Acts, the profits or gains arising from-

(a) any rent in respect of any premises, and

(b) any receipts in respect of any easement,

shall, subject to and in accordance with the provisions of the Income Tax Acts, be deemed for the purposes of those Acts to be annual profits or gains within Schedule D, and the person entitled to such profits or gains shall be chargeable in respect of such profits or gains under Case V of that Schedule; but such rent or such receipts shall not include any payments to which section 104 applies.

What is taxed under Schedule D Case V?

(1) You are taxed under Schedule D Case V on:...

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(2) Profits or gains chargeable under Case V of Schedule D shall, for the purposes of ascertaining liability to income tax, be deemed to issue from a single source, and subsection (3) shall apply accordingly.

What is the single source rule for rental income?

(2) All of your rental income is deemed to issue from a single source.

(3) Tax under Case V of Schedule D shall be computed on the full amount of the profits or gains arising within the year of assessment.

How is rental income taxed?

(3) You are taxed on the full amount of your rental profits "arising" in the tax year - whether payable in advance or arrears: Strick v Longsdon, (1953) 34 TC 528. ...

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(4) Neither this section nor section 97 or 384 shall apply to a case in which the rent reserved under a lease (including, in the case of a lease granted on or after the 6th day of April, 1963, the duration of which does not exceed 50 years, an appropriate sum in respect of any premium payable under the lease) is insufficient, taking one year with another, to defray the cost to the lessor of fulfilling such lessor's obligations under the lease and of meeting any expense of maintenance, repairs, insurance and management of the premises subject to the lease which falls to be borne by such lessor.

Can I claim rental loss relief on a "favoured letting"?

(4) If the rent you receive under a lease is insufficient, taking one year with another, to cover normal letting costs and landlord's obligations (for example, maintenance, repairs and insurance), the rent is not taxed, the expenses are not deductibl...

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(5) Section 96 shall apply for the interpretation of this section as it applies for the interpretation of Chapter 8 of this Part.

Does work done by the tenant count as rent?

(5) Rent includes any payment in the nature of rent (for example, work done by a tenant on the leased premises).

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