Part 9Leasing plant or machinery

Chapter 5Sales of lessors: anti-avoidance provisions

434Introduction to sections 435 and 436

1

Sections 435 and 436 apply if a question arises as to the application of Chapter 3 or 4.

2

For the purposes of this section and sections 435 and 436 “a question as to the application of Chapter 3 or 4” means F1question A, B or C.

3

Question A is whether any company carries on a business of leasing plant or machinery (whether alone or in partnership) for the purposes of any provision of the sales of lessors Chapters.

4

Question B is the question of the amount (if any) of any income or expense which any company is treated as receiving or incurring under any provision of the sales of lessors Chapters.

F25

Question C is the question of the amount of any disposal value to be substituted by section 398G(3).