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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Lessors under long funding finance or operating leases: avoidance etc

  • Section 148FA Cases where ss. 148A to 148F do not apply: plant or machinery held as trading stock
  • Section 148FB Cases where ss. 148A to 148F do not apply: lessor also lessee under non-long funding lease
  • Section 148FC Cases where ss. 148A to 148F do not apply: other avoidance
  • Section 148FD Cases where ss 148A to 148F do not apply: films
  1. Lessors under long funding finance or operating leases: avoidance etc
  2. Cases where ss. 148A to 148F do not apply: lessor also lessee under non-long funding lease

Section 148FB | Cases where ss. 148A to 148F do not apply: lessor also lessee under non-long funding lease

From legislation.gov.uk

(1)This section applies if—

(a)a person is the lessee of any plant or machinery under a lease (“lease A”) that is not a long funding lease,

(b)the person enters into a lease (“lease B”) of any of that plant or machinery (as lessor), and

(c)lease B is a long funding lease.

(2)Sections 148A to 148F do not apply in relation to lease B.

(3)If by virtue of section 70H of CAA 2001 (tax return by lessee treating lease as long funding lease) lease A becomes a long funding lease (and does not cease to be such a lease), treat this section as never having applied in relation to lease B.

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