Part 9U.K.Leasing plant or machinery

Chapter 5U.K.Sales of lessors: anti-avoidance provisions

434Introduction to sections 435 and 436U.K.

(1)Sections 435 and 436 apply if a question arises as to the application of Chapter 3 or 4.

(2)For the purposes of this section and sections 435 and 436 “a question as to the application of Chapter 3 or 4” means [F1question A, B or C].

(3)Question A is whether any company carries on a business of leasing plant or machinery (whether alone or in partnership) for the purposes of any provision of the sales of lessors Chapters.

(4)Question B is the question of the amount (if any) of any income or expense which any company is treated as receiving or incurring under any provision of the sales of lessors Chapters.

[F2(5)Question C is the question of the amount of any disposal value to be substituted by section 398G(3).]

Textual Amendments

F1Words in s. 434(2) substituted (with effect in accordance with Sch. 6 para. 27 of the amending Act) by Finance Act 2011 (c. 11), Sch. 6 para. 17(2)

F2S. 434(5) inserted (with effect in accordance with Sch. 6 para. 27 of the amending Act) by Finance Act 2011 (c. 11), Sch. 6 para. 17(3)