Explanatory Notes

Taxation (International and Other Provisions) Act 2010

2010 CHAPTER 8

18 March 2010

Commentary on Sections

Schedule 4: Sale and lease‑back etc: new Part 12A of ITA 2007

Chapter 4: Leased assets: capital sums

Section 681DD: Charge to income tax

1071.This section imposes the charge to income tax on the person obtaining the capital sum. It is based on section 781(1), (1A), (2) and (6) of ICTA.

1072.Under subsection (1) there is a charge to income tax for the tax year in which the sum is obtained.

1073.Subsection (2) measures the income thus charged.

1074.Subsection (3) introduces four subsections limiting the effect of subsections (1) and (2).

1075.Subsection (4) caps the amount charged.

1076.To prevent double taxation, subsections (5) and (6) ensure that once a payment (or part of a payment) has been taken into account in making a charge under this Chapter it cannot be taken into account in making a further charge in respect of another sum.

1077.Subsection (7) is a timing rule supplementing subsections (5) and (6).