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Legislation
Corporation Tax Act 2010

Chapter 2 Capital payments in respect of leases treated as income

  • Section 890 Capital payments in respect of leases treated as income
  • Section 891 Apportionments for leases of plant or machinery and other property
  • Section 892 Deduction where failure to make relevant capital payment expected
  • Section 893 Meaning of “capital payment”, “relevant capital payment” etc
  • Section 894 Other interpretation of Chapter
  1. Chapter 2 · Capital payments in respect of leases treated as income
  2. Apportionments for leases of plant or machinery and other property

Section 891 | Apportionments for leases of plant or machinery and other property

From legislation.gov.uk

(1)This section applies if section 890 applies in relation to a lease of plant or machinery and other property (see section 894(3)).

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

(a)the plant or machinery, and

(b)the other property.

(3)If any income attributable to any of the plant or machinery and received by the lessor would be chargeable to tax under Chapter 3 of Part 4 of CTA 2009 as profits of a UK property business, that plant or machinery is treated as falling within subsection (2)(b) (and not subsection (2)(a)).

(4)Section 890(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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