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In forceAmended2020 Revised Edition
Contents

Part 5 · Deductions Against Income

14ZE. Deduction for expenditure incurred in obtaining or granting, etc., leases of immovable properties

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Amended

Last amended by an amending law of 2021.

(1)

Subject to subsections (3), (4) and (5), for the purpose of ascertaining the income of a person from the carrying on of a trade or business during the basis period for the year of assessment 2022 or any subsequent year of assessment, there is to be allowed a deduction for any expenditure incurred by the person during that basis period for the purpose of obtaining a lease, or renewing or extending a lease, of an immovable property that is used by the person for the purpose of the person’s trade or business.

(2)

Subject to subsections (4) and (5), for the purpose of ascertaining the rental income derived by a person from an immovable property that is chargeable to tax under section 10(1)(f) during the basis period for the year of assessment 2022 or any subsequent year of assessment, there is to be allowed a deduction for any expenditure incurred by the person during that basis period for the purpose of granting the lease, or renewing or extending the lease, of the immovable property.

(3)

No deduction may be allowed under subsection (1) to a company or trustee of a property trust in the business of letting immovable properties in which the company or trustee has a proprietary interest (other than as a legal owner) and would receive consideration if the proprietary interest is disposed of or transferred, whether in whole or in part.

(4)

In subsections (1) and (2), expenditure incurred to obtain, grant, renew or extend a lease —

(a)

means any commission, legal fees, stamp duty, advertising expenses and such other expenditure as may be prescribed by rules made under section 7; but(b)excludes any outgoing or expense that is allowed as a deduction under section 14.

(5)

No deduction may be allowed under subsection (1) or (2) to a person in respect of —

(a)

any lease, or any renewal or extension of a lease, for a term that (excluding any option for the renewal or extension of the lease) exceeds 3 years;

(b)

any acquisition, grant, novation, transfer or assignment (however described) of a lease because of any acquisition, sale, transfer or restructuring of any business; or

(c)

a lease under an arrangement where the immovable property is sold by, and leased back to, the seller of the immovable property.[14ZG

Report

Part 6

Capital Allowances

Part 7

Ascertainment of Certain Income

Part 8

Ascertainment of Statutory Income

Part 9

Ascertainment of Assessable Income

Part 10

Ascertainment of Chargeable Income and Personal Reliefs

Part 11

Rates of Tax

Part 12

Deduction of Tax at Source

Part 13

Allowances for Tax Charged

Part 14

Relief Against Double Taxation

Part 15

Persons Chargeable

Part 16

Returns

Part 17

Assessments and Objections

Part 18

Appeals

Part 19

Collection, Recovery and Repayment of Tax

Part 20

Offences and Penalties

Part 20A

Exchange of Information Under Avoidance of Double Taxation Arrangements and Exchange of Information Arrangements

Part 20B

International Agreements to Improve Tax Compliance

Part 21

Miscellaneous

Schedules