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HMRC internal manual

Business Leasing Manual

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HM Revenue & Customs
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‘Income-into-capital’ schemes and back loaded leases: Definition of a Chapter 2 of Part 21 of CTA 2010 lease: Condition A: treatment in (unconsolidated) accounts of a connected person

A lease may have been treated as a finance lease in the (unconsolidated) accounts of a connected person (or would be so treated if GAAP was correctly applied). The first condition CTA10/S902(3)-(4) is satisfied in these circumstances whatever the treatment in the accounts of the lessor or in consolidated accounts.

This situation is likely to arise only rarely in practice. But one situation where this rule may be in point is where the exit arrangements under the lease provide for the lessor’s parent company to sell the issued share capital of the lessor to a member of the lessee group for a price which enables the lessor group to make a normal finance lessor’s profit on the deal. In such a case it is worth considering how the lessor’s parent should account for the leasing arrangements in its own accounts.