HC Deb 17 April 1934 vol 288 cc937-8

Resolved, That (a) any rent payable in respect of any land the property in which is not sep- arately assessed and charged under Schedule A, or in respect of any easement, shall, if—

  1. (i) the land or easement is used, occupied or enjoyed in connection with any of the concerns specified in Rules 1, 2 and 3 of No. III of Schedule A, or
  2. (ii) the lease or other agreement under which the rent is payable provides for the recoupment of the rent by way of reduction of royalties or payments of a similar nature in the event of the land or easement being used, occupied or enjoyed as aforesaid,
be charged with tax under Schedule D, and in a case where it is rendered in produce of the concern, shall be charged under Case III of the said Schedule D and as if the profits or income arising therefrom were the value of the produce so rendered, and in any other case shall be treated, for the purpose of such of the provisions of the Income Tax Acts as refer to royalties paid in respect of the user of a patent, as if it were such a royalty: (b) subject to the provisions of Section two of the Provisional Collection of Taxes Act, 1913, any deduction on account of Income Tax made by any person from any payment of rent at any time before the date of the passing of this Resolution, which would have been a legal deduction if the provisions of this Resolution had been in force at that time, shall be deemed for all purposes (including all the purposes of legal proceedings instituted before the said date) to have been a legal deduction to which all the provisions of Rule 19 or Rule 21 of the General Rules, as the case may be, were applicable: (c) the provisions of Sub-section (2) of Section two hundred and eleven of the Income Tax Act, 1918, shall have effect as if the provisions of this Resolution had come into force on the sixth day of April, nineteen hundred and thirty-four. (d) in this Resolution—
  1. (i) the expression 'easement' includes any right, privilege or benefit in, over, or derived from land;
  2. (ii) the expression 'rent' includes a rent service, rent charge, fee farm rent, feu duty or other rent, toll, duty, royalty or annual or periodical payment in the nature of rent, whether payable in money or money's worth or otherwise, but does not include any of the payments enumerated in Rules 1 to 6 of No. II of Schedule A.
And it is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1913.

Forward to