• Home
  • Tax Law Online
  • CAA2001 | 2009 | Section 70Y Sale and leaseback, lease and leaseback etc: lessors

Section 70Y Sale and leaseback, lease and leaseback etc: lessors

Contents | Previous section | Next section
Section_bannerLearn more
Kindle_icon_40x40
£8.04 on Kindle
store UK | US (non-UK customers) | sneak peak
Pdf-icon_40x40
£20 eBook download

Amendments

Section 70Y inserted by Finance Act 2006 section 81 and Schedule 8 para 7 with effect in accordance with the provisions in Finance Act 2006 Schedule 8 paras 15–27.

(1) Where—

(a) a person (B) transfers plant or machinery to another person (A),

(b) the plant or machinery is directly or indirectly leased back to B, and

(c) immediately before the commencement of the term of the lease back to B, B is the lessor of the plant or machinery to another person under a lease which is, in B’s case, a long funding lease,

the lease back to B is, in the case of both A and B, a long funding lease.

(2) If, in any such case, the plant or machinery is leased back from A to B indirectly, any leases by means of which the indirect lease back from A to B is effected are also long funding leases in the case of each of the parties to them.

(3) Any reference in this section to a transfer of plant or machinery by a person includes a reference to—

(a) any kind of disposal of, or of the person’s interest in, the plant or machinery (including the grant of a lease),

(b) any arrangements under which the person’s interest in the plant or machinery is terminated and another person becomes entitled to, or to an interest in, the plant or machinery,

(c) in a case where the plant or machinery is a fixture and the person is treated under section 176 as the owner, any cessation of ownership under section 188, 190, 191, 192 or 192A.

Contents | Previous section | Next section