Section 223 — Corporation Tax Act 2009: Provisions supplementary to section 222

Provisions supplementary to section 222 223 1 This section operates for the purposes of section 222.

2 A lease is granted at an undervalue if the terms subject to which it was granted are such that the landlord who granted it could have required the payment of an additional sum by way of premium, or additional premium, for its grant.

3 The additional sum is the undervalue.

4 The test in subsection (2) must be applied—

a having regard to values prevailing at the time the lease was granted, and b on the assumption that the negotiations for the lease were at arm's length.

5 A profit is made on an assignment of a lease if the consideration for the assignment exceeds—

a if the lease has not previously been assigned, any premium for which it was granted, or b in any other case, any consideration for which it was last assigned.

6 The amount of the excess is the profit.