Finance (No. 3) Bill (HC Bill 200)

(1) This section supplements section 437A.

Finance (No. 3) BillPage 159

(2) Market value is to be determined on the assumption of a disposal by
an absolute owner free from all leases and other encumbrances
(including any agreement or arrangement that is or includes a plant
or machinery lease).

(3) 5If plant or machinery is a fixture, its market value is so much of the
market value of the relevant land and the fixture together as is
attributable to the fixture on a just and reasonable apportionment.

(4) “Relevant land” has the meaning given in section 173(2) of CAA

437C 10Present value of a lease

(1) For the purposes of section 437A, the present value of a lease is the
present value of the amounts mentioned in subsection (2).

(2) The amounts are—

(a) the amounts payable under the lease after the relevant time,

(b) any residual amount.

(3) Subsection (2)(a) does not apply to amounts payable by the lessor or
to amounts that represent—

(a) charges for services, or

(b) 20qualifying UK or foreign tax to be paid by the lessor.

(4) Present value is to be calculated by using the interest rate implicit in
the lease.

(5) The interest rate implicit in the lease is the interest rate that would
apply in accordance with normal commercial criteria, including, in
25particular, generally accepted accounting practice (where

(6) But if a rate cannot be determined in accordance with subsection (5),
the interest rate implicit in the lease is taken to be 1% above LIBOR.

(7) For this purpose—

(a) 30LIBOR means the London interbank offered rate on the
applicable day for deposits for a term of 12 months in the
applicable currency,

(b) the applicable day is the day comprising or including the
relevant time (or, if that day is not a business day, the first
35business day after it), and

(c) the applicable currency is the currency in which payments
under the lease are payable.

(8) If—

(a) the lessee has an option to continue the lease for a period after
40expiry of its initial term, and

(b) it is reasonably certain at the relevant time that the lessee will
exercise that option,

references in this section to amounts payable under the lease include
amounts payable under the lease as continued for any such period.