C2

C1C7C4C6C5C3Part 2 Plant and machinery allowances

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 12 (with Sch. 10 para. 17(1)); S.I. 2003/120, art. 2, Sch. (with arts. 34) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

C7

Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 10, 22 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1

C4

Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 9(2), 21(2) (with s. 38(2)); S.I. 2004/2575, art. 2(1) , Sch. 1

C5

Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 para. 10 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1

C3

Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 4 ; S.I. 2004/2575 , art. 2(1) , Sch. 1

Chapter 17 Anti-avoidance

F1Finance leaseback: parties' income and profits

Annotations:
Amendments (Textual)
F1

Ss. 228A-228J and cross-heading inserted (with effect in accordance with s. 134(3) of the amending Act) by Finance Act 2004 (c. 12), s. 134

228HSections 228A to 228G: supplementary

1

In sections 228A to 228G—

  • “ lessee ” does not include a person who is lessee by way of an assignment;

  • the “ net book value ”of leased plant or machinery means the book value of the plant or machinery having regard to any relevant entry in the lessee’s accounts, but—

    1. a

      also having regard to depreciation up to the time in question, and

    2. b

      disregarding any revaluation gains or losses and any impairments;

  • “ restricted disposal value ” means the disposal value under section 222;

  • “ termination ” in relation to a leaseback includes (except in section 228E)—

    1. a

      the assignment of the lessee’s interest,

    2. b

      the making of any arrangements (apart from an assignment of the lessee’s interest) under which a person other than the lessee becomes liable to make some or all payments under the leaseback, and

    3. c

      a variation as a result of which the leaseback ceases to be a finance lease.

2

In a case where accounts drawn up are not correct accounts, or no accounts are drawn up—

a

the provisions of sections 228A to 228G apply as if correct accounts had been drawn up, and

b

amounts referred to in any of those sections as shown in accounts are those that would have been shown in correct accounts.

3

In a case where accounts are drawn up in reliance upon amounts derived from an earlier period of account for which correct accounts were not drawn up, or no accounts were drawn up, amounts referred to in sections 228A to 228G as shown in the accounts for the later period are those that would have been shown if correct accounts had been drawn up for the earlier period.

4

In subsections (2) and (3) “ correct accounts ” means accounts drawn up in accordance with generally accepted accounting practice.