Corporation Tax Act 2010

Part 19 U.K. Tax avoidance involving leasing plant or machinery

Relevant capital payments: pre-12 March 2008 payments and obligations U.K.

96 (1) Chapter 2 of Part 20 does not apply as a result of section 890(1)(a) in relation to cases where there is first an obligation of the kind mentioned in that section before 13 December 2007. U.K.

(2) If that Chapter applies as a result of section 890(1)(a) in relation to cases where there is first an obligation of the kind mentioned in that section on or after 13 December 2007 but before 12 March 2008, that Chapter applies with the modifications in sub-paragraphs (3) and (4).

(3) Omit section 891 (apportionments for leases of plant or machinery and other property).

(4) In section 894 (interpretation of that Chapter) for subsections (3) to (5) substitute—

“(3) Lease of plant or machinery” includes an equipment lease within the meaning of Chapter 14 of Part 2 of CAA 2001, but subject to that does not include a lease of plant or machinery and other property.”

Relevant capital payments: leases whose inception is before 22 April 2009 U.K.

97 (1) In relation to payments made under leases whose inception is before 13 November 2008, section 893 of this Act (“capital payment”, “relevant capital payment” etc) and section 809ZE of ITA 2007 (which is inserted by Schedule 1 to this Act and makes provision corresponding to section 893 for income tax purposes) apply with the modifications in sub-paragraphs (2) to (4). U.K.

(2) In subsection (3) for “subsections (6) and (7)” substitute “ subsection (6) ”.

(3) In subsection (6) at the end of paragraph (b) insert “, or

(c) it would fall (or falls) to be brought into account by the lessor as a disposal receipt within the meaning of Part 2 of CAA 2001 (see section 60(1) of that Act).”

(4) Omit subsection (7).

(5) In relation to payments made under leases whose inception is before 22 April 2009 but not before 13 November 2008, section 893(7) of this Act and section 809ZE(7) of ITA 2007 apply with the substitution for the words following paragraph (b) of “ the capital payment is not “relevant” .

(6) In this paragraph “inception” has the meaning given in section 70YI(1) of CAA 2001.