This section expands on the exception related to "carrying on a business." According to Section 26-102(9), it provides relief for vacant land used or available for use in any business, not specifically the taxpayer's or a related entity's business, as long as the land is rented at a fair price.
While the previous exception applies only when the business is conducted by the landholder or a related entity, this new exception under Section 26-102(9) applies regardless of who operates a business on the vacant land, given that certain conditions are met:
This extension aims to support taxpayers who legitimately rent out vacant land, allowing them to offset their holding costs against any income generated.
For this exception to apply, the lease agreement, whether between related or unrelated parties, must be made at a fair price, reflecting what independent parties in a similar situation might agree on. For example:
If Party A owns a vacant lot leased to Party B (unrelated) as a car park for Party B's existing business, and the lease is at a fair market rate, Party A can deduct holding costs from the rental income.
However, if Party A and Party B are friends and agree to charge rent only to cover costs (below market value), Party A cannot claim deductions for holding costs because the lease doesn't meet the first condition mentioned above.
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