Income Tax Act 2007 (c. 3)

[F1 Part 11A U.K. Leasing arrangements: finance leases and loans]

Textual Amendments

F1 Pt. 11A inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 3 para. 2 (with Sch. 9 paras. 1-9, 22)

[F2 Chapter 4 U.K. Supplementary provisions

Textual Amendments

F2 Pt. 11A Ch. 4 inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 3 para. 5 (with Sch. 9 paras. 1-9, 22)

614DG Interpretation U.K.

In this Part, unless the context otherwise requires—

• “accountancy rental earnings” has the meaning given by section 614AB(1),

• “accountancy rental excess” is to be read—

  (a)

  for the purposes of Chapter 2, in accordance with section 614BH(1) to (4), and

  (b)

  for the purposes of Chapter 3, in accordance with section 614BH(1) to (4) as it has effect as a result of section 614CD,

• “asset” means any form of property or rights,

• “asset representing the leased asset” is to be read in accordance with section 614DD,

• “cumulative accountancy rental excess” is to be read—

  (a)

  for the purposes of Chapter 2, in accordance with section 614BH(5), and

  (b)

  for the purposes of Chapter 3, in accordance with section 614BH(5) as it has effect as a result of section 614CD,

• “cumulative normal rental excess” is to be read—

  (a)

  for the purposes of Chapter 2, in accordance with section 614BJ(5), and

  (b)

  for the purposes of Chapter 3, in accordance with section 614BJ(5) as it has effect as a result of section 614CD,

• “the current lessor”, in relation to a lease of an asset, means the person who is for the time being entitled to the lessor's interest under the lease,

• “finance lessor” means a person who for accounting purposes is treated, in accordance with generally accepted accounting practice, as the person with—

  (a)

  the grantor's interest in relation to a finance lease, or

  (b)

  the lender's interest in relation to a loan,

• “for accounting purposes” means for the purposes of—

  (a)

  accounts of companies incorporated in any part of the United Kingdom, or

  (b)

  consolidated group accounts for groups all the members of which are companies so incorporated,

• “lease”—

  (a)

  in relation to land, includes an underlease, sublease, tenancy or licence, and any agreement for a lease, underlease, sublease, tenancy or licence and, in the case of land outside the United Kingdom, any interest corresponding to a lease as so defined, and

  (b)

  in relation to any form of property or right other than land, means any kind of agreement or arrangement under which payments are made for the use of, or otherwise in respect of, an asset,

  and “rent” is to be read accordingly,

• “the leasing arrangements”, in relation to a lease of an asset, means—

  (a)

  the lease,

  (b)

  any arrangements relating to or connected with the lease, and

  (c)

  any other arrangements of which the lease forms part,

  and includes a reference to any of the leasing arrangements,

• “the lessee”, in relation to a lease of an asset, means (except in the expression “the lessee's interest under the lease”) the person entitled to the lessee's interest under the lease,

• “the lessor”, in relation to a lease of an asset, means (except in the expression “the lessor's interest under the lease”) the person entitled to the lessor's interest under the lease,

• “major lump sum” is to be read in accordance with section 614BC(5),

• “normal rent” is to be read in accordance with section 614AA,

• “normal rental excess” is to be read—

  (a)

  for the purposes of Chapter 2, in accordance with section 614BJ(1) to (4), and

  (b)

  for the purposes of Chapter 3, in accordance with section 614BJ(1) to (4) as it has effect as a result of section 614CD,

• “period of account” is to be read in accordance with section 614DB(1) to (3),

• “post-25 November 1996 scheme” is to be read in accordance with section 614D(1)(b),

• “pre-26 November 1996 scheme” is to be read in accordance with section 614D(1)(a),

• “related period of account” is to be read in accordance with section 614DB(5),

• “related tax year” is to be read in accordance with section 614DB(4),

• “the rental earnings”, in relation to a lease of an asset and any period, has the meaning given by section 614AC, and

• “sum” includes any money or money's worth (and “pay” and related expressions are to be read accordingly).]