Part 13Tax avoidance

F1Chapter 6Avoidance involving leases of plant and machinery

Annotations:
Amendments (Textual)
F1

Pt. 13 Ch. 6 inserted (21.7.2008 with effect in accordance with Sch. 20 para. 2(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 20 para. 2(1) (with Sch. 20 para. 2(3))

809ZCSection 809ZA: lease of plant and machinery and other property

1

This section applies if section 809ZA applies in relation to a lease of plant or machinery and other property (see F2section 809ZF(3)).

2

The relevant capital payment is to be apportioned, on a just and reasonable basis, between—

a

the plant and machinery, and

b

the other property.

3

If the income (if any) received by the lessor that is attributable to any of the plant or machinery is chargeable to tax under Part 3 of ITTOIA 2005 (property income), treat that plant or machinery as falling within subsection (2)(b) (and not subsection (2)(a)).

4

Section 809ZA(2) has effect as if the reference to the amount of the capital payment were to such amount as is apportioned under subsection (2) in respect of the plant or machinery within subsection (2)(a).