Corporation Tax Act 2010 Explanatory Notes

Section 901: Application of this Chapter

2674.This section, together with section 902, determines whether Chapter 2 applies to a particular lease. It is based on paragraph 2 of Schedule 12 to FA 1997.

2675.For the Chapter to apply, the conditions in section 902 must have been met in relation to the lease at some time in a period of account of the current lessor (see subsection (1)(b)). But once they have been met in relation to the lessor at the time, they are treated as continuing to be met as regards any subsequent lessor unless and until the lease is assigned to a wholly unrelated person (see subsections (3) to (5)).

2676.Subsection (2) provides that the Chapter does not apply to long funding leases of plant or machinery in relation to which Part 2 of CAA gives capital allowances to the lessee instead of the lessor. The provisions rewritten in Chapter 2 of Part 9 of this Act set out the basis of taxation of rental earnings under such leases.

2677.Subsection (6) is a necessary consequence of the split into separate provisions for corporation tax purposes and income tax purposes.

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