Part 11ALeasing arrangements: finance leases and loans

F1Chapter 2Finance leases with return in capital form

Introduction

614BArrangements to which this Chapter applies

(1)

This Chapter applies to arrangements involving the lease of an asset that meet conditions A and B.

(2)

Condition A is that in accordance with generally accepted accounting practice the arrangements fall to be treated as a finance lease or loan.

(3)

Condition B is that the effect of the arrangements is that some or all of the return on investment in respect of the finance lease or loan—

(a)

is or may be in the form of a sum that is not rent, and

(b)

would not, apart from this Part and Part 21 of CTA 2010, be wholly brought into account for tax purposes as rent from the lease of the asset.

(4)

It does not matter—

(a)

when the arrangements are or have been entered into, or

(b)

whether they are or have been entered into by companies or other persons.