Income and Corporation Taxes Act 1988

395 Leasing contracts and company reconstructions. U.K.

(1) Subject to the provisions of this section, if— M1

(a) under a contract entered into on or after 6th March 1973 a company (“the first company”) incurs capital expenditure on the provision of machinery or plant which the first company lets to another person by another contract (a “leasing contract”); and

(b) apart from this subsection, the first company would be entitled [F1 under section 393(1) or in pursuance of a claim under section 393A(1) to relief]in respect of losses incurred on the leasing contract; and

(c) in the accounting period for which a first-year allowance, [F2 within the meaning of Part II of the 1990 Act], in respect of the expenditure referred to in paragraph (a) above is made to the first company, arrangements are in existence by virtue of which, at some time during or after the expiry of that accounting period, a successor company will be able to carry on any part of the first company’s trade which consists of or includes the performance of all or any of the obligations which, apart from the arrangements, would be the first company’s obligations under the leasing contract,

then, in the accounting period specified in paragraph (c) above and in any subsequent accounting period, the first company shall not be entitled F3 . . . as mentioned in paragraph (b) above except in computing its profits (if any) arising under the leasing contract.

(2) For the purposes of this section a company is a successor of the first company if the circumstances are such that—

(a) section 343 applies in relation to the first company and the other company as the predecessor and the successor within the meaning of that section; or

(b) the two companies are connected with each other within the terms of section 839.

(3) For the purposes of this section losses incurred on a leasing contract and profits arising under such a contract shall be computed as if the performance of the leasing contract were a trade begun to be carried on by the first company, separately from any other trade which it may carry on, at the commencement of the letting under the leasing contract.

(4) In determining whether the first company would be entitled F3 . . . as mentioned in subsection (1)(b) above, any losses incurred on the leasing contract shall be treated as incurred in a trade carried on by that company separately from any other trade which it may carry on.

(5) In this section “arrangements” means arrangements of any kind whether in writing or not.

Textual Amendments

F1 Words in s. 395(1)(b) substituted (27.7.1993) by 1993 c. 34, s. 120, Sch. 14 para. 8(3)(a)

F2 1990(C) s.164and Sch.1 para.8(17).Previously

“within the meaning of Chapter I of Part III of the Finance Act 1971”.

F3 Words in s. 395(1) and (4): repealed (27.7.1993 with effect in relation to accounting periods ending after the day appointed for the purposes of section 10 of the amended Act) by 1993 c. 34, s. 213,Sch. 23 Pt.III(11), note; omitted (27.7.1993) by virtue of 1993 c. 34, s. 120, Sch. 14 para. 8(3)(b)

Marginal Citations

M1 Source—1973 ss.30, 32(6)