HMRC internal manual

Business Leasing Manual

BLM74650 - ’Income-into-capital’ schemes and back loaded leases: Back loaded leases: second condition - material difference

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A further condition which has to be satisfied before the second requirement (see BLM74640) is met is that the contract in its final from is not ‘materially different’ from the contract as it stood when it was made. This is largely a question of fact. But you should not accept that changes to the contract intended to take a lease which would have otherwise come within Chapter 2 of Part 21 of CTA 2010 outside those provisions are non-‘material’.