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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. Other interpretation of Chapter

Section 894 | Other interpretation of Chapter

From legislation.gov.uk

(1)This section applies for the purposes of this Chapter.

(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 Chapter 3 of Part 4 of CTA 2009 as profits of a UK property business.

(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.

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