Part 2 Plant and machinery allowances
Chapter 17Other anti-avoidance
F1Finance leaseback: parties' income and profits
228BF2S's income or profits F3etc: deductions
(1)
For the purpose of income tax or corporation tax, in calculating F4S's income or profits for a period of account the amount deducted in respect of amounts payable under the leaseback may not exceed the permitted maximum.
(2)
The permitted maximum is F5the amount of the finance charges shown in the accounts.
(3)
In relation to a period of account during which the leaseback terminates, the permitted maximum shall also include an amount calculated in accordance with subsection (4).
(4)
The calculation is—
where—
“Current Book Value” means the net book value of the leased plant or machinery immediately before the termination,
“Original Consideration” means the consideration payable to S for F6granting B rights over the plant or machinery, and
“Original Book Value” means the net book value of the leased plant or machinery at the beginning of the leaseback.
F7(5)
If the use mentioned in section 228A(2)(b) includes use by a person (other than B) who is connected with S, this section applies in relation to that person as it applies in relation to S.