Part 9Leasing plant or machinery

Chapter 3Sales of lessors: leasing business carried on by a company alone

“Business of leasing plant or machinery”

391Relevant company's income for condition B in section 387

1

This section applies for the purposes of condition B in section 387.

2

The reference to the relevant company's income is to its income as calculated for corporation tax purposes.

3

Any apportionment necessary to determine the amount of the relevant company's income attributable to the period of 12 months ending with the relevant day is to be made on a time basis.

4

But—

a

that basis does not apply if it would work in an unjust or unreasonable way in relation to any person, and

b

in that case the apportionment is to be made instead on a just and reasonable basis.

5

The proportion of the income that derives from F1plant or machinery falling within section 387(7) is to be determined on a just and reasonable basis.