PART XVII TAX AVOIDANCE

CHAPTER VI MISCELLANEOUS

Other provisions

F1785BPlant and machinery leases: capital receipts to be treated as income

1

This section applies if—

a

there is an unconditional obligation, under a lease of plant or machinery or a relevant arrangement, to make a relevant capital payment (at any time), or

b

a relevant capital payment is made under such a lease or arrangement otherwise than in pursuance of such an obligation.

2

The lessor is treated for corporation tax purposes as receiving income attributable to the lease of an amount equal to the amount of the capital payment.

3

The income is treated—

a

if subsection (1)(a) applies, as income for the period of account in which there is first an obligation of the kind mentioned there, and

b

if subsection (1)(b) applies, as income for the period of account in which the payment is made.