Part 19Sale and lease-back etc

Chapter 3Leased trading assets

Application of the Chapter

864Leased trading assets

1

Section 865 has effect if—

a

condition A is met, and

b

condition B or C is met.

2

Condition A is that—

a

a payment is made by a company under a lease of a relevant asset, and

b

a deduction is allowed for the payment in calculating the profits of a trade for corporation tax purposes.

3

Condition B is that—

a

at a time before the lease's creation the asset was used for the purposes of the trade, and

b

when it was so used it was owned by the person then carrying on the trade.

4

Condition C is that—

a

at a time before the lease's creation the asset was used for the purposes of another trade, or for the purposes of a profession or vocation,

b

when it was so used it was owned by the person then carrying on the other trade, or the profession or vocation, and

c

when it was so used, or later, that person was carrying on the trade mentioned in subsection (2).

5

The reference in subsection (2)(a) to a lease does not include a lease created on or before 14 April 1964.

6

In this section references to a person carrying on a trade, profession or vocation are to the person carrying on the trade, profession or vocation for the time being.