‘Income-into-capital’ schemes and back loaded leases: Definition of a Chapter 2 of Part 21 CTA 2010 lease: Condition: leasing arrangements
In considering whether the first condition is satisfied you should not view the terms of the lease in isolation. Instead you should pay regard to the ‘leasing arrangements’. These are defined in CTA10/S937 as including not only the lease itself but also:
- ‘any arrangements relating to or connected with the lease of the asset’; and
- ‘any other arrangements of which the lease of the asset forms part.’
Example: suppose that a lease, viewed in isolation, may be reasonably regarded as an operating lease. But if options, held by an associated company of the lessee, to buy out the lessor are taken into account it becomes clear that the risks or rewards of ownership do not lie with the lessor. So the lease should be regarded as a finance lease. The requirement that the ‘leasing arrangements’ are to be considered, rather than the lease in isolation, ensures that the lease counts as a finance lease.