Section 368 — Corporation Tax Act 2010: Determination of remaining residual value resulting from lessor's further additional expenditure

Determination of remaining residual value resulting from lessor's further additional expenditure 368 1 This section sets out how the remaining residual value of the plant or machinery resulting from the additional expenditure (“RRV”) is determined for the purposes of section 366(4) if section 366 has applied in relation to previous additional expenditure incurred by the company in relation to the leased plant or machinery.

2 RRV depends on whether—

a the amount (“FARV”) which is expected to be the residual value of the plant or machinery at the time when the further additional expenditure is incurred, exceeds b the sum of the amounts in subsection (3).

3 Those amounts are—

a the amount which at the commencement of the term of the lease is expected to be the residual value of the plant or machinery (or, if section 365 applies, would have been expected to be that value had that value been estimated at that time),

and b any amounts that were subtracted under section 366(4) as the remaining residual value of the plant or machinery resulting from the previous additional expenditure.

4 If FARV exceeds the sum of the amounts in subsection (3), RRV is the portion of the excess that is a result of the further additional expenditure.

5 Otherwise, RRV is nil.

6 For the meaning of “residual value”, see section 381(4).