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Legislation
Income Tax Act 2007

Chapter 6 Avoidance involving leases of plant and machinery

  • Section 809ZA Plant and machinery leases: capital receipts to be treated as income
  • Section 809ZB Section 809ZA: interpretation
  • Section 809ZC Section 809ZA: lease of plant and machinery and other property
  • Section 809ZD Section 809ZA: expectation that relevant capital payment will not be paid
  • Section 809ZE Capital payment”, “relevant capital payment” etc
  • Section 809ZF Further interpretation of section 809ZA etc
  • Section 809ZFA Consideration for taking over payment obligations as lessee treated as income
  1. Chapter 6 · Avoidance involving leases of plant and machinery
  2. Section 809ZA: lease of plant and machinery and other property

Section 809ZC | Section 809ZA: lease of plant and machinery and other property

From legislation.gov.uk

(1)This section applies if section 809ZA applies in relation to a lease of plant or machinery and other property (see section 809ZF(3)).

(2)The relevant capital payment is to be apportioned, on a just and reasonable basis, between—

(a)the plant and machinery, and

(b)the other property.

(3)If the income (if any) received by the lessor that is attributable to any of the plant or machinery is chargeable to tax under Part 3 of ITTOIA 2005 (property income), treat that plant or machinery as falling within subsection (2)(b) (and not subsection (2)(a)).

(4)Section 809ZA(2) has effect as if the reference to the amount of the capital payment were to such amount as is apportioned under subsection (2) in respect of the plant or machinery within subsection (2)(a).

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