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Legislation
Corporation Tax Act 2010

Crossheading Lessors under long funding operating leases

  • Section 363 Lessor under long funding operating lease: periodic deduction
  • Section 364 “Starting value”: general
  • Section 365 “Starting value” where plant or machinery originally unqualifying
  • Section 366 Long funding operating lease: lessor's additional expenditure
  • Section 367 Determination of remaining residual value resulting from lessor's first additional expenditure
  • Section 368 Determination of remaining residual value resulting from lessor's further additional expenditure
  • Section 369 Lessor under long funding operating lease: termination of lease
  1. Lessors under long funding operating leases
  2. “Starting value” where plant or machinery originally unqualifying

Section 365 | “Starting value” where plant or machinery originally unqualifying

From legislation.gov.uk

(1)This section applies if the conditions in subsection (2) are met in relation to a long funding operating lease to which section 363 applies.

(2)The conditions are that—

(a)the lessor owns the plant or machinery as a result of having incurred expenditure on its provision for purposes other than those of a qualifying activity,

(b)the plant or machinery is brought into use by the lessor for the purposes of a qualifying activity on or after 1 April 2006, and

(c)that qualifying activity is the leasing of the plant or machinery under the lease.

(3)For the purposes of section 363 the starting value is the lower of—

(a)first use market value, and

(b)first use amortised market value.

(4)“First use market value” means the market value of the plant or machinery at the time when it is first brought into use for the purposes of the qualifying activity.

(5)“First use amortised value” means the value that the plant or machinery would have at the time when it is first brought into use for the purposes of the qualifying activity on the assumptions in subsection (6).

(6)The assumptions are that—

(a)the cost of acquiring the plant or machinery had been written off on a straight line basis over its remaining useful economic life, and

(b)any further capital expenditure incurred had been written off on a straight line basis over so much of its remaining economic life as remains at the time when the expenditure is incurred.

(7)For the meaning of “qualifying activity”, “remaining useful economic life” and writing off on a straight line basis, see section 381(4), (3)(i) and (5) respectively.

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