Taxation (International and Other Provisions) Act 2010

[F1 460 Long funding operating leases and finance leases U.K.

(1) In calculating a company's adjusted corporation tax earnings for an accounting period under section 406(2), each of the following amounts is to be ignored—

(a) the amount of a deduction under section 363 of CTA 2010 (lessor under long funding operating lease);

(b) the amount by which a deduction is reduced under section 379 of CTA 2010 (lessee under long funding operating lease);

(c) the capital component of the company's rental earnings under a finance lease which is not a long funding finance lease;

(d) the amount of depreciation in respect of any asset leased to the company under a finance lease which is not a long funding finance lease.

(2) The definition of “relevant capital expenditure” in section 417(2) includes the amount of depreciation in respect of any relevant asset leased under a finance lease for some or all of the relevant period of account to a company that is a member of the worldwide group in question.

(3) For the purposes of this section the capital component of a company's rental earnings under a finance lease is so much of those earnings as do not constitute tax-interest income amounts of the company.

(4) For the purposes of this section the amount of depreciation in respect of any asset leased to a company under a finance lease is the amount which, in accordance with generally accepted accounting practice, falls (or would fall) to be shown as depreciation in respect of the asset in the applicable accounts.

(5) In this section “the applicable accounts” are—

(a) in a case within subsection (1)(d), the company's accounts for any period, and

(b) in a case within subsection (2), the financial statements of the worldwide group for the relevant period of account in question.

(6) In this section “long funding finance lease” means a finance lease which is a long funding lease (within the meaning of section 70G of CAA 2001).]

Textual Amendments

F1 Pt. 10: the existing Pt. 10 renumbered as Pt. 11 (except for ss. 375, 376 which are repealed), the existing ss. 372-374, 377-382 renumbered as ss. 499-507 and a new Pt. 10 (ss. 372-498) inserted (with effect in accordance with Sch. 5 para. 25(1)-(3) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 5 para. 1, 10(1)(2)(a)(3) (with Sch. 5 paras. 27, 32-34)