Finance Act 2019

PART 2 Long funding leases

Amendments to Part 2 of CAA 2001

7 Part 2 of CAA 2001 (plant and machinery allowances) is amended as follows.

Meaning of “short lease”

8 (1) In section 70I (“short lease”)—

(a) in subsections (2) and (9)(d), for “5” substitute “7”, and

(b) omit subsections (3) to (8).

(2) In section 70YF (the “term” of a lease)—

(a) in subsection (5)(b), for “5” substitute “7”,

(b) in subsection (6), for “5” substitute “7”, and

(c) omit subsection (7).

(3) In section 220 (allocation of expenditure to a chargeable period), in subsection (4)(c), for “5” substitute “7”.

The lease payments test: interest rate implicit in lease

9 (1) Section 70O (the lease payments test) is amended as follows.

(2) In subsection (4), for paragraph (b) substitute—

“(b) if a rate cannot be determined in accordance with paragraph (a), the interest rate implicit in the lease is taken to be 1% above LIBOR.”

(3) After that subsection insert—

“(5) For this purpose—

(a) LIBOR means the London interbank offered rate at the relevant time for deposits for a term of 12 months in the applicable currency,

(b) the relevant time is the inception of the lease, and

(c) the applicable currency is the currency in which payments under the lease are payable.”

Commencement

10 The amendments made by this Part of this Schedule have effect in relation to leases entered into on or after 1 January 2019.