Question:
I recently purchased a leasehold property and the original lease was 99 years of which 10 years are left. I paid £100,000 to the existing leaseholder for the assignment of lease in my favour for right to use property for the next 10 years. Would this be classed as a wasting asset and if yes what is the correct tax treatment please?
Arthur Weller replies:
Of the £100,000 received by the existing lease holder, (10 - 1) = 9 years at 2% = 18% is treated as a part disposal for capital gains purposes. The remaining £82,000 is treated as rental income in his hands. You can claim this £82,000 as a deduction in calculating your taxable profits, but spread over 10 years, i.e. £8,200 per year.
