Finance Act 1997

The conditions U.K.

3 (1) The condition in this sub-paragraph is that at the relevant time the leasing arrangements are such as fall for accounting purposes to be treated in accordance with [F1 generally accepted accounting practice] as a finance lease or a loan and— U.K.

(a) the lessor, or a person connected with him, falls for accounting purposes to be treated in accordance with [F2 generally accepted accounting practice] as the finance lessor in relation to the finance lease or loan, or

(b) the finance lease or loan falls for accounting purposes to be treated, in accordance with [F3 generally accepted accounting practice] , as subsisting for the purposes of consolidated group accounts of a group of companies of which the lessor is a member.

(2) The condition in this sub-paragraph is that, under the leasing arrangements, there is or may be payable to the lessor, or to a person connected with him, a sum (a “major lump sum”) which is not rent but is a sum such as falls for accounting purposes to be treated in accordance with [F1 generally accepted accounting practice]—

(a) as to part, as repayment of some or all of the investment in respect of a finance lease or loan; and

(b) as to part, as a return on investment in respect of a finance lease or loan.

(3) The condition in this sub-paragraph is that not all of that part of a major lump sum which falls within paragraph (b) of sub-paragraph (2) above would, apart from this Schedule, fall to be brought into account for tax purposes in chargeable periods of the lessor ending with the relevant chargeable period as the normal rent from the lease for periods of account of the lessor.

(4) The condition in this sub-paragraph is that, as respects the lessor at the relevant time,—

(a) the period of account of his in which the relevant time falls, or

(b) an earlier period of account of his during which he was the lessor,

is a period of account for which the accountancy rental earnings in respect of the lease exceed the normal rent for the period.

(5) The condition in this sub-paragraph is that at the relevant time—

(a) arrangements falling within sub-paragraph (1) of paragraph 4 below exist; or

(b) if the condition in paragraph (a) above is not satisfied, circumstances falling within sub-paragraph (2) of that paragraph exist.

[F4 (6) In determining the normal rent for a period of account for the purpose of determining whether the condition in sub-paragraph (4) above is satisfied, rent which for the purposes of corporation tax under Schedule A falls to be brought into account as a person becomes entitled to it shall be treated—

(a) as if it accrued evenly throughout the period to which, in accordance with the terms of the lease, each payment to which the person becomes entitled relates, and

(b) as if he had become entitled to the rent as it so accrues,

unless any such payment falls due more than 12 months after the time at which any of the rent to which that payment relates is so treated as accruing.]

(7) In determining the normal rent for a period of account for the purpose of determining whether the condition in sub-paragraph (4) above is satisfied, rent which falls to be brought into account for tax purposes as it falls due shall be treated—

(a) as accruing evenly throughout the period to which, in accordance with the terms of the lease, each payment falling due relates, and

(b) as falling due as it so accrues,

unless any such payment falls due more than 12 months after the time at which any of the rent to which that payment relates is so treated as accruing.

(8) In this paragraph—

• “the relevant chargeable period”, in the case of any major lump sum, means—

  (a)

  the chargeable period of the lessor which is related to his period of account in which that major lump sum is or may be payable in accordance with the leasing arrangements; or

  (b)

  if there are two or more such chargeable periods, the latest of them;

• “the relevant time” means the time as at which it falls to be determined for the purposes of sub-paragraph (1) or (2) of paragraph 2 above whether the conditions in this paragraph are or, as the case may be, were satisfied.

Textual Amendments

F1 Words in Sch. 12 para. 3(1)(2) substituted (24.7.2002) by Finance Act 2002 (c. 23), s. 103(4)(e)

F2 Words in Sch. 12 para. 3(1)(2) substituted (24.7.2002) by Finance Act 2002 (c. 23), s. 103(4)(e)

F3 Words in Sch. 12 para. 3(1)(2) substituted (24.7.2002) by Finance Act 2002 (c. 23), s. 103(4)(e)

F4 Sch. 12 para. 3(6) repealed (31.7.1998 with effect in accordance with s. 38(2)(3) of the amending Act) by 1998 c. 36, s. 165, Sch. 27 Pt. III(4) note

Modifications etc. (not altering text)

C1 Sch. 12 para. 3(6) excluded (31.7.1998 in relation to periods of account beginning on or after 1.4.1998) by 1998 c. 36, s. 38(1), Sch. 5 para. 74(1)(2)