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Legislation
Capital Allowances Act 2001

Crossheading Disposal of plant or machinery subject to lease where income retained

  • Section 228K Disposal of plant or machinery subject to lease where income retained
  • Section 228L Determining the net present value of the rentals for purposes of s.228K
  • Section 228M Other definitions for the purposes of s.228K
  • Section 228MA Restriction of qualifying expenditure
  • Section 228MB Calculation of present value
  • Section 228MC Rental rebate
  1. Disposal of plant or machinery subject to lease where income retained
  2. Calculation of present value

Section 228MB | Calculation of present value F1

From legislation.gov.uk

(1)For the purposes of section 228MA the “present value” of an amount is to be calculated by using the interest rate implicit in the lease.

(2)The general rule is that the interest rate implicit in the lease is the interest rate that would apply in accordance with normal commercial criteria, including, in particular, generally accepted accounting practice (where applicable).

(3)If the interest rate implicit in the lease cannot be determined in accordance with subsection (2), it is taken to be the incremental borrowing rate.F2

(4)For this purpose, the incremental borrowing rate has the same meaning as it has for accounting purposes.F3

(5)The Treasury may by regulations amend this section for the purpose of replacing references to the incremental borrowing rate with references to another rate.F3

Notes

  1. F1

    Ss. 228MA-228MC inserted (8.4.2010) (with effect in accordance with Sch. 5 para. 1(2) to the amending Act) by Finance Act 2010 (c. 13), Sch. 5 para. 1(1)

  2. F2

    Words in s. 228MB(3) substituted (with effect in accordance with s. 132(5) of the amending Act) by Finance Act 2021 (c. 26), s. 132(2)(a)

  3. F3

    S. 228MB(4)(5) substituted for s. 228MB(4) (with effect in accordance with s. 132(5) of the amending Act) by Finance Act 2021 (c. 26), s. 132(2)(b)

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