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Chapter BLM25125

Document Cited in Related
Vincent
Published date10 April 2016
Record NumberBLM25125
CourtHM Revenue & Customs
IssuerHM Revenue & Customs

Isobel leases machines that cost £4,000 each and typically have a life of 5 to 10 years. Lease rentals are £1000 a year. Minimum lease period is 5 years. At the 5 year point, each lessee can either

  • carry on renting the machine for £10 a year, or
  • terminate the lease and require the lessor to sell the machine and repay an amount equivalent to 99% of the net sale proceeds by way of a rebate of rentals.

On the facts, it is not clear which option would be beneficial and so the lessee is not reasonably certain to exercise the option to extend the lease term.

Note, however, that there may be other factors which alter this outcome. That is the fact that neither the lessor nor the lessee is financially penalised if an option to extend the lease was not...

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