Part 2 Plant and machinery allowances
Chapter 17Other anti-avoidance
Restrictions on allowances
F1218ZBDisposal values: section 215
(1)
If—
(a)
this section applies as a result of section 215,
(b)
a payment is payable to any person under the transaction, scheme or arrangement mentioned in that section,
(c)
some or all of the payment would not (apart from this section) be taken into account in determining the disposal value of the plant or machinery under the relevant transaction, and
(d)
as a result of the matters mentioned in paragraphs (b) and (c) S would otherwise obtain a tax advantage as mentioned in section 215(3) and (4),
the disposal value of the plant or machinery under the relevant transaction is to be adjusted in a just and reasonable manner so as to include an amount representing so much of the payment as would or would in effect cancel out the tax advantage.
(2)
In subsection (1) “payment” includes the provision of any benefit, the assumption of any liability and any other transfer of money or money's worth, and “payable” is to be construed accordingly.