Part 9Leasing plant or machinery

Chapter 4Sales of lessors: leasing business carried on by a company in partnership

“Business of leasing plant or machinery”

414Partnership's income for condition B in section 410

(1)

This section applies for the purposes of condition B in section 410.

(2)

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

(3)

Any apportionment necessary to determine the amount of the partnership'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 410(6) is to be determined on a just and reasonable basis.