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Home / Simons-Taxes /Business tax /Part B5 Specific trades and activities /Division B5.4 Leases /Leases—anti-avoidance—assets other than land / B5.413 Leases—disallowance of inflated rentals on hire of assets—sale and leaseback transactions
Commentary

B5.413 Leases—disallowance of inflated rentals on hire of assets—sale and leaseback transactions

Business tax

The charge under CTA 2010, s 874 and ITA 2007, s 681DD (see B5.411) does not apply to payments by a person (X) under a lease of an asset which are allowable deductions in computing the profits or losses of a trade and at any time before the creation of the lease1:

  1. Ìý

    (a)ÌýÌýÌýÌý it was used for the purposes of the trade in question (or of another trade carried on by X), and

  2. Ìý

    (b)ÌýÌýÌýÌý when so used it was owned by X

References to a trade include a profession or vocation2.

Instead, the allowable deduction for the period for which the payment was made is restricted to the amount of a commercial rent of the asset for that period3.

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