16U.K.Chapter 5 of Part 9 of CTA 2010 (sales of lessors: anti-avoidance provisions) is amended as follows.
17(1)Section 434 (introduction to sections 435 and 436) is amended as follows.U.K.
(2)In subsection (2), for “question A or B” substitute “ question A, B or C ”.
(3)After subsection (4) insert—
“(5)Question C is the question of the amount of any disposal value to be substituted by section 398G(3).”
18(1)Section 435 (disregard of increases or decreases in balance sheet amounts) is amended as follows.U.K.
(2)In subsection (1), for paragraph (a) substitute—
“(a)an amount mentioned in subsection (1A) is to be ascertained for the purpose of determining a question as to the application of Chapter 3 or 4,”.
(3)After that subsection insert—
“(1A)The amounts are—
(a)the relevant plant or machinery value,
(b)the value of plant or machinery falling within section 387(7) or 410(6),
(c)the relevant company's or partnership's income in the period of 12 months ending with the relevant day,
(d)the amount of PM,
(e)the amount of TWDV,
(f)the amount of any disposal value to be substituted by section 398G(3), and
(g)any underlying amount required to calculate or verify an amount mentioned in any of the preceding paragraphs.”
(4)In subsection (2)—
(a)omit “or” at the end of paragraph (b), and
(b)at the end of paragraph (c) insert “, or
(d)the amount of any disposal value to be substituted by section 398G(3) would be reduced.”
(5)In subsection (3), for “which falls (or would fall) to be shown in the balance sheet in respect of plant or machinery” substitute “ to be ascertained ”.
(6)Accordingly, in the heading of that section, for “in balance sheet amounts” substitute “ in certain amounts ”.
19U.K.In section 436 (balance sheet amounts determined on assumption company has no liabilities), after subsection (6) insert—
“(7)Except for subsection (6), this section applies to a partnership as it applies to a company, and references to “company” are to be read accordingly.”