Clause 17. — (Plant and Machinery and Other Assets Leased to Persons Carrying on Trade, etc.: Special Cases.)

Part of Orders of the Day — Finance Bill – in the House of Commons at 12:00 am on 4 June 1964.

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Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom 12:00, 4 June 1964

I shall, if I may, deal first with the points raised by my hon. Friend the Member for Belfast, East (Mr. McMaster). The expression "commercial rent" is important. Deductions may be made only in respect of what is meant to be a commercial rent, and, as is set out in the Clause, by "commercial rent" we mean the rent which might at the relevant time be expected to be paid under a lease of the asset for the remainder of the anticipated normal working life of the asset, being a rent payable at uniform intervals and at a uniform rate which would afford a reasonable return for its market value. The use of so many words, on which my hon. Friend the Member for Walsall, South (Sir H. d'Avigdor-Goldsmid) commented in another context, arises because the courts have to be given by this Committee and, ultimately, by the House the definitions which they have to interpret. It is right to include in the definition there the word "commercial" and use that as determining the kind of rent in mind for this purpose. As my hon. Friend appreciates, similar considerations arise in relation to land under Clause 18.

I turn now to the point made by my hon. Friend the Member for Walsall, South. I shall most certainly examine everything he has said on this Question. I repeat now that, in principle, the intention is certainly not in any way to affect the wholly unobjectionable and perfectly proper systems of leasing. My first impression from what he said is that Clause 17 would not operate in respect of plant which is stock in trade of the particular company or companies concerned. My present opinion is that the Clause does not bite where my hon. Friend fears that it does. However, I accept that that is not good enough for him or for the Committee, and I undertake to see that the matter is carefully examined. I shall ensure that the object of the Clause is carried out and that there is no side-wind by which wholly unobjectionable leasing arrangements are in any way caught.

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