TTM17531 - Schedule 22 Finance Act 2000: Part X the ring fence - capital allowances - ship leasing - Para 91F consequences of paragraph 91A(2) (TTM17506) ceasing to have effect

FA00/SCH22/PARA91F

(1) This paragraph applies if sub-paragraph (2) of paragraph 91A ceases to have effect in relation to a lease (the 鈥渆xisting lease鈥) because one or more of the conditions in sub-paragraph (3) of that paragraph cease to be met.

(2) In any such case it is to be assumed for tax purposes that鈥

(a) the existing lease terminates at the time of the cessation;

(b) another lease (the 鈥渘ew lease鈥) is entered into immediately after the cessation;

(c) the term of the new lease is the portion of the term of the existing lease that remains unexpired at the time of the cessation;

(d) the date on which the cessation occurs is the date of both鈥

(i) the inception of the new lease, and

(ii) the commencement of the term of the new lease.

(3) Where this paragraph applies, subsection (4) of section 70X of the Capital Allowances Act 2001 (transfers, assignments etc by lessee) does not.

(4) For the purposes of this paragraph, the following expressions have the meaning given in Chapter 6A of Part 2 of the Capital Allowances Act 2001 (interpretation of provisions about long funding leases)鈥

鈥渃ommencement鈥, in relation to the term of a lease;

鈥渋nception鈥, in relation to a lease;

鈥渢erm鈥, in relation to a lease;

鈥渢别谤尘颈苍补迟别鈥.闭1

础尘别苍诲尘别苍迟蝉鈥

1 Paras 91A-91F inserted by FA 2006 s 81, Sch 9 paras 8, 10 with effect in accordance with the commencement provisions in FA 2006 Sch 8 para 15.

References

Long funding leases TTM10215