Skip to content
Solved
SearchBrowse
Sign in

Contents

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. Further interpretation of section 809ZA etc

Section 809ZF | Further interpretation of section 809ZA etc

From legislation.gov.uk

(1)This section applies for the purposes of sections 809ZA to 809ZE and this section.

(2)“Lease” includes—

(a)a licence, and

(b)the letting of a ship or aircraft on charter or the letting of any other asset on hire,

and “lessor” and “lessee” must be read accordingly.

(3)“Lease of plant or machinery” includes a lease of plant or machinery and other property, but does not include a lease to which subsection (4) or (5) applies.

(4)This subsection applies to a lease if any income attributable to it and received by the lessor would be chargeable to tax under Part 3 of ITTOIA 2005 (property income).

(5)This subsection applies to a lease of plant or machinery if the lessor has incurred on the plant or machinery what would be qualifying expenditure within the meaning of Part 2 of CAA 2001 but for section 34A of that Act (expenditure on plant or machinery for long funding leasing not qualifying expenditure).

(6)“Relevant arrangement” means any agreement or arrangement relating to a lease of plant or machinery, including one made before the lease is entered into or after it has ended.

(7)Accordingly, “lessor” and “lessee” include prospective and former lessors and lessees.

PreviousNext
PrivacyTerms