Section 681AI — Income Tax Act 2007: Exclusion of service charges etc

Exclusion of service charges etc 681AI 1 This section applies for the purposes of sections 681AD and 681AE.

2 A payment must be excluded so far as it is in respect of any of the following—

a services, b the use of relevant assets, and c rates usually borne by the tenant.

3 The amount excluded must be just and reasonable.

4 If a lease or agreement contains provisions fixing the payments or parts of payments which are in respect of services or the use of assets, those provisions are not conclusive.

5 A relevant asset is any description of property or rights other than land or an interest in land.