SCHEDULES

SCHEDULE 20Leases of plant or machinery

Restriction on lessee's right to elect that rules for non-long funding leases apply

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1

In section 70H of CAA 2001 (lessee: requirement for tax return treating lease as long funding lease), after subsection (1) insert—

1A

Subsection (1) does not apply in respect of a lease of plant or machinery (“lease A”) if, at any time in the relevant period—

a

the lessee is the lessor of a lease of any of that plant or machinery (“lease B”), and

b

lease B is a long funding lease.

1B

In subsection (1A) “the relevant period” means the period—

a

beginning with the inception of lease A, and

b

ending with the making of the tax return for the initial period (or, if that return is amended, the making of the last amendment).

2

The amendment made by sub-paragraph (1) has effect in relation to leases entered into on or after 13 December 2007.