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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 E: likelihood of disposal of asset

Condition E in CTA10/S902(8) concerns the likelihood of disposal of the asset to the lessee or connected person for a price that includes investment return. CTA10/S904 restricts the circumstances in which a lessor’s potential to exit from leasing arrangements for a capital sum reflecting rolled up ‘interest’ causes a lease to come within Chapter 2 of Part 21 of CTA 2010. Section 904 requires there to be some real prospect that the capital sum will be received in connection with the acquisition, directly or indirectly, of the leased asset by the lessee himself or an associate of the lessee.

The possibility of the receipt of such a capital sum only from a genuinely independent party acting at arm’s length is insufficient to bring a lease within Chapter 2. Condition E is intended to focus Chapter 2 more sharply on the transactions where the Exchequer is in practice at most risk.