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HMRC internal manual

Tonnage Tax Manual

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Schedule 22 Finance Act 2000: Part X the ring fence - capital allowances - ship leasing - Para 91 defeased leasing - excepted forms of security

FA00/SCH22/PARA91

(1) Paragraph 90 (defeased leasing) is subject to the following exceptions.

(2) It does not apply to the provision of security of any of the following kinds by the lessee, or a person connected with the lessee-

(a) a mortgage of the ship;

(b) security attaching-

(i) to the ship's earnings, or

(ii) to the proceeds of insurance policies on the ship;

(c) security over rental rebates arising from the arm’s length sale of the ship;

(d) any other form of security relating to assets, sums or rights arising directly from the ordinary operation of the ship or from arm’s length transactions involving the ship.

In this sub-paragraph “the ship” means the ship that is the subject of the lease.

(3) It does not apply to the provision of security by the lessee, or a person connected with the lessee, if the following conditions are met-

(a) no deposit of money or other property by way of security is obtained by the lessor or any third party;

(b) any payments under the security are limited to the amount of any rental payments under the lease in respect of which the lessee is in default.

(4) It does not apply to the provision of security by a third party where no security other than security of a kind mentioned in sub-paragraph (2)(a) to (d) is held by the third party or any person connected with the third party.

(5) It does not apply to the provision of security by a third party if the following conditions are met-

(a) no deposit of money or other property by way of security is obtained by the lessor or any third party;

(b) the security does not involve the assumption of any obligations of the lessee under the lease in return for a payment made (directly or indirectly) by the lessee or a person connected with him;

(c) the security does not give rise to any payments to the lessor unless the lessee defaults on the rental payments under the lease;

(d) any payments under the security are limited to the amount of the rental payments in default.

(6) For the purposes of this paragraph the lessor and any persons connected with him shall be treated as the same person.

(7) In this paragraph-

“connected person” has the meaning given by section 839 of the Taxes Act 1988; and

“third party” means a person not connected with either the lessor or the lessee.

References

Meaning of ‘defeased leasing’ TTM10110
   
Guarantees TTM10120
Security inherent in ship TTM10130