Capital Allowances Act 2001 (c. 2)
(The document as of February, 2008)
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Capital Allowances Act 2001
2001 CHAPTER 2
CONTENTS
Content
Part 1
Introduction
Chapter 1
Capital allowances: general
1. Capital allowances
2. General means of giving effect to capital allowances
3. Claims for capital allowances
4. Capital expenditure
5. When capital expenditure is incurred
6. Meaning of "chargeable period"
Chapter 2
Exclusion of double relief
7. No double allowances
8. No double relief through pooling under Part 2 (plant and machinery allowances)
9. Interaction between fixtures claims and other claims
10. Interpretation
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Part 2
Plant and machinery allowances
Chapter 1
Introduction
11. General conditions as to availability of plant and machinery allowances
12. Expenditure incurred before qualifying activity carried on
13. Use for qualifying activity of plant or machinery provided for other purposes
14. Use for qualifying activity of plant or machinery which is a gift
Chapter 2
Qualifying activities
15. Qualifying activities
16. Ordinary Schedule A businesses
17. Furnished holiday lettings businesses
18. Management of investment companies
19. Special leasing of plant or machinery
20. Employments and offices
Chapter 3
Qualifying expenditure
Buildings, structures and land
21. Buildings
22. Structures, assets and works
23. Expenditure unaffected by sections 21 and 22
24. Interests in land
25. Building alterations connected with installation of plant or machinery
Demolition costs
26. Demolition costs
Expenditure on thermal insulation, safety measures, etc.
27. Application of Part to thermal insulation, safety measures, etc.
28. Thermal insulation of industrial buildings
29. Fire safety
30. Safety at designated sports grounds
31. Safety at regulated stands at sports grounds
32. Safety at other sports grounds
33. Personal security
Exclusion of certain types of expenditure
34. Expenditure by MPs and others on accommodation
35. Expenditure on plant or machinery for use in dwelling-house not qualifying expenditure in certain cases
36. Restriction on qualifying expenditure in case of employment or office
37. Exclusion where sums payable in respect of depreciation
38. Production animals etc.
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Chapter 4
First-year qualifying expenditure
General
39. First-year allowances available for certain types of qualifying expenditure only
Types of expenditure which may qualify for first-year allowances
40. Expenditure incurred for Northern Ireland purposes by small or medium-sized enterprises
41. Miscellaneous exclusions from section 40 (expenditure for Northern Ireland purposes etc.)
42. Exclusion of plant or machinery partly for use outside Northern Ireland
43. Effect of plant or machinery subsequently being primarily for use outside Northern Ireland
44. Expenditure incurred by small or medium-sized enterprises
45. ICT expenditure incurred by small enterprises
46. General exclusions applying to sections 40, 44 and 45
Expenditure of small or medium-sized enterprises
47. Expenditure of small or medium-sized enterprises: companies
48. Expenditure of small or medium-sized enterprises: businesses
49. Whether company is a member of a large or medium-sized group
Supplementary
50. Time when expenditure is incurred
51. Disclosure of information between UK tax authorities
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Chapter 5
Allowances and charges
First-year allowances
52. First-year allowances
Pooling
53. Pooling of qualifying expenditure
54. The different kinds of pools
Writing-down and balancing allowances and balancing charges
55. Determination of entitlement or liability
56. Amount of allowances and charges
Available qualifying expenditure
57. Available qualifying expenditure
58. Initial allocation of qualifying expenditure to pools
59. Unrelieved qualifying expenditure
Disposal events and disposal values: general
60. Meaning of "disposal receipt" and "disposal event"
61. Disposal events and disposal values
62. General limit on amount of disposal value
63. Cases in which disposal value is nil
64. Case in which no disposal value need be brought into account
The final chargeable period
65. The final chargeable period
List of provisions outside this Chapter about disposal values
66. List of provisions outside this Chapter about disposal values
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Chapter 6
Hire-purchase etc. and plant or machinery provided by lessee
Hire-purchase and similar contracts
67. Plant or machinery treated as owned by person entitled to benefit of contract, etc.
68. Disposal value on cessation of notional ownership
69. Hire-purchase etc. and fixtures
Plant or machinery provided by lessee
70. Plant or machinery provided by lessee
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Chapter 7
Computer software
71. Software and rights to software
72. Disposal values
73. Limit on disposal values
Chapter 8
Cars, etc.
Cars above the cost threshold
74. Single asset pool
75. General limit on amount of writing-down allowance
76. Limit where part of expenditure met by another person
77. Car used partly for purposes other than those of qualifying activity
78. Effect of partial depreciation subsidy
79. Cases where Chapter 17 (anti-avoidance) applies
Vehicles provided for purposes of employment or office
80. Vehicles provided for purposes of employment or office
Interpretation
81. Extended meaning of "car"
82. Qualifying hire cars
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Chapter 9
Short-life assets
83. Meaning of "short-life asset"
84. Cases in which short-life asset treatment is ruled out
85. Election for short-life asset treatment: procedure
86. Short-life asset pool
87. Short-life assets provided for leasing
88. Sales at under-value
89. Disposal to connected person
Chapter 10
Long-life assets
Long-life asset expenditure
90. Long-life asset expenditure
91. Meaning of "long-life asset"
92. Application of Chapter to part of expenditure
Expenditure excluded from being long-life asset expenditure
93. Fixtures etc.
94. Ships
95. Railway assets
96. Cars
97. Expenditure within the relevant monetary limit: general
98. Expenditure to which the monetary limits apply
99. The monetary limit
100. Exceeding the monetary limit
Rules applying to long-life asset expenditure
101. Long-life asset pool
102. Writing-down allowances at 6%
Anti-avoidance provisions
103. Later claims
104. Disposal value of long-life assets
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Chapter 11
Overseas leasing
Basic terms
105. "Leasing", "overseas leasing" etc.
106. The designated period
Certain expenditure to be pooled
107. The overseas leasing pool
108. Effect of disposal to connected person on overseas leasing pool
Allowances reduced or, in certain cases, prohibited
109. Writing-down allowances at 10%
110. Cases where allowances are prohibited
Recovery of excess allowances
111. Excess allowances: standard recovery mechanism
112. Excess allowances: connected persons
113. Excess allowances: special provision for ships
Recovery of allowances given in cases where prohibition applies
114. Prohibited allowances: standard recovery mechanism
115. Prohibited allowances: connected persons
Application of Chapter in relation to joint lessees
116. Mitigation of regime
117. Recovery of allowances in case of joint lessees
Duties to supply information
118. Certificate relating to protected leasing
119. Notice of change of use of plant or machinery
120. Notice and joint lessees
Qualifying purposes
121. Meaning of "short-term leasing"
122. Short-term leasing by buyer, lessee, etc.
123. Ships and aircraft
124. Transport containers
125. Other qualifying purposes
Minor definitions
126. Minor definitions
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Chapter 12
Ships
Pooling and postponement of allowances
127. Single ship pool
128. Expenditure which is not to be allocated to single ship pool
129. Election to use the appropriate non-ship pool
130. Notice postponing first-year or writing-down allowance
131. Effect of postponement
132. Disposal events and single ship pool
133. Ship not used
Deferment of balancing charges
134. Deferment of balancing charges: introduction
135. Claim for deferment
136. Further conditions for deferment
137. Effect of deferment
138. Limit on amount deferred
139. Amount taken into account in respect of old ship
Attribution of deferred amounts
140. Notice attributing deferred amounts to new expenditure
141. Deferred amounts attributed to earlier expenditure first
142. Variation of attribution
143. Effect of attribution
144. Amounts which cease to be attributable
145. Requirement to notify where no entitlement to defer amounts
Expenditure on new shipping
146. Basic meaning of expenditure on new shipping
147. Exclusions: ship previously owned
148. Exclusions: object to secure deferment
149. Exclusions: later events
150. Exclusions where expenditure not incurred by shipowner
Qualifying ships
151. Basic meaning of qualifying ship
152. Ships under 100 tons
153. Ships which are not qualifying ships
154. Further registration requirement
Deferment of balancing charges: supplementary provisions
155. Change in the persons carrying on the qualifying activity
156. Connected persons
Further provisions
157. Adjustment of assessments etc.
158. Members of same group
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Chapter 13
Provisions affecting mining and oil industries
Expenditure connected with mineral extraction trades
159. Meaning of "mineral extraction trade" etc.
160. Expenditure treated as incurred for purposes of mineral extraction trade
161. Pre-trading expenditure on mineral exploration and access
Provisions relating to ring fence trades
162. Ring fence trade a separate qualifying activity
163. Meaning of "abandonment expenditure"
164. Abandonment expenditure incurred before cessation of ring fence trade
165. Abandonment expenditure within 3 years of ceasing ring fence trade
Transfers of interests in oil fields: anti-avoidance
166. Transfers of interests in oil fields: anti-avoidance
Oil production sharing contracts
167. Oil production sharing contracts
168. Expenditure on plant or machinery incurred by contractor
169. Expenditure on plant or machinery incurred by participator
170. Participator's expenditure attributable to plant or machinery
171. Disposal values on cessation of ownership
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Chapter 14
Fixtures
Introduction
172. Scope of Chapter etc.
173. Meaning of "fixture" and "relevant land"
174. Meaning of "equipment lease" and "lease"
175. Meaning of "interest in land", etc.
Persons who are treated as owners of fixtures
176. Person with interest in relevant land having fixture for purposes of qualifying activity
177. Equipment lessors
178. Equipment lessee has qualifying activity etc.
179. Equipment lessor has right to sever fixture that is not part of building
180. Equipment lease is part of affordable warmth programme
181. Purchaser of land giving consideration for fixture
182. Purchaser of land discharging obligations of equipment lessee
183. Incoming lessee where lessor entitled to allowances
184. Incoming lessee where lessor not entitled to allowances
Restrictions on amount of qualifying expenditure
185. Fixture on which a plant and machinery allowance has been claimed
186. Fixture on which an industrial buildings allowance has been made
187. Fixture on which a research and development allowance has been made
Cessation of ownership of fixtures
188. Cessation of ownership when person ceases to have qualifying interest
189. Identifying the qualifying interest in special cases
190. Cessation of ownership of lessor where section 183 applies
191. Cessation of ownership on severance of fixture
192. Cessation of ownership of equipment lessor
Acquisition of ownership of fixture when another ceases to own it
193. Acquisition of ownership by lessor or licensor on termination of lease or licence
194. Acquisition of ownership by assignee of equipment lessor
195. Acquisition of ownership by equipment lessee
Disposal values
196. Disposal values in relation to fix
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Chapter 15
Asset provided or used only partly for qualifying activity
205. Reduction of first-year allowances
206. Single asset pool etc.
207. Reduction of allowances and charges on expenditure in single asset pool
208. Effect of significant reduction in use for purposes of qualifying activity
Chapter 16
Partial depreciation subsidies
209. Meaning of "partial depreciation subsidy"
210. Reduction of first-year allowances
211. Single asset pool etc.
212. Reduction of allowances and charges on expenditure in single asset pool
Chapter 17
Anti-avoidance
Relevant transactions
213. Relevant transactions: sale, hire-purchase (etc.) and assignment
Restrictions on allowances
214. Connected persons
215. Transactions to obtain allowances
216. Sale and leaseback, etc.
217. No first-year allowance for B's expenditure
218. Restriction on B's qualifying expenditure
Finance leases
219. Meaning of "finance lease"
220. Allocation of expenditure to a chargeable period
Sale and finance leasebacks
221. Meaning of "sale and finance leaseback"
222. Disposal value restricted
223. No first-year allowance for B's expenditure
224. Restriction on B's qualifying expenditure
225. B's qualifying expenditure if lessor not bearing non-compliance risk
226. Qualifying expenditure limited in subsequent transactions
Sale and leaseback or sale and finance leaseback: election for special treatment
227. Circumstances in which election may be made
228. Effect of election: relaxation of restriction on B's qualifying expenditure, etc.
Miscellaneous and supplementary
229. Hire-purchase etc.
230. Exception for manufacturers and suppliers
231. Adjustments of assessments etc.
232. Meaning of connected person
233. Additional VAT liabilities and rebates
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Chapter 18
Additional VAT liabilities and rebates
Introduction
234. Introduction
Additional VAT liability
235. Additional VAT liability treated as qualifying expenditure
236. Additional VAT liability generates first-year allowance
237. Exceptions to section 236
Additional VAT rebate
238. Additional VAT rebate generates disposal value
239. Limit on disposal value where additional VAT rebate
Short-life assets: balancing allowance
240. Additional VAT liability
Anti-avoidance
241. No first-year allowance in respect of additional VAT liability
242. Restriction on B's qualifying expenditure: general
243. Restriction on B's qualifying expenditure: sale and finance leaseback
244. B's qualifying expenditure if lessor not bearing non-compliance risk
245. Effect of election under section 227 on additional VAT liability
246. Miscellaneous
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Chapter 19
Giving effect to allowances and charges
Trades
247. Trades
Property businesses
248. Ordinary Schedule A businesses
249. Furnished holiday lettings businesses
250. Overseas property businesses
Activities analogous to trades
251. Professions and vocations
252. Mines, transport undertakings etc.
Investment companies
253. Investment companies
Life assurance business
254. Introductory
255. Apportionment of allowances and charges
256. Different giving effect rules for different categories of business
257. Supplementary
Special leasing of plant or machinery
258. Special leasing: income tax
259. Special leasing: corporation tax (general)
260. Special leasing: corporation tax (excess allowance)
261. Special leasing: life assurance business
Employments and offices
262. Employments and offices
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Chapter 20
Supplementary provisions
Partnerships and successions
263. Qualifying activities carried on in partnership
264. Partnership using property of a partner
265. Successions: general
266. Election where predecessor and successor are connected persons
267. Effect of election
268. Successions by beneficiaries
Miscellaneous
269. Use of plant or machinery for business entertainment
270. Shares in plant or machinery
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Part 3
Industrial buildings allowances
Chapter 1
Introduction
271. Industrial buildings allowances
272. Expenditure on the construction of a building
273. Preparation of sites for plant or machinery
Chapter 2
Industrial buildings
Buildings in use for the purposes of a qualifying trade
274. Trades and undertakings which are "qualifying trades"
275. Building used for welfare of workers
276. Parts of trades and undertakings
277. Exclusion of dwelling-houses, retail shops, showrooms, hotels and offices etc.
278. Building used by more than one licensee
Qualifying hotels and sports pavilions
279. Qualifying hotels
280. Qualifying sports pavilions
Commercial buildings (enterprise zones)
281. Commercial buildings (enterprise zones)
Supplementary provisions
282. Buildings outside the United Kingdom
283. Non-industrial part of building disregarded
284. Roads on industrial estates etc.
285. Cessation of use and temporary disuse of building
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Chapter 3
The relevant interest in the building
286. General rule as to what is the relevant interest
287. Interest acquired on completion of construction
288. Effect of creation of subordinate interest
289. Merger of leasehold interest
290. Election to treat grant of lease exceeding 50 years as sale
291. Supplementary provisions with respect to elections
Chapter 4
Qualifying expenditure
Introduction
292. Meaning of "qualifying expenditure"
293. Meaning of references to carrying on a trade as a developer
Qualifying expenditure
294. Capital expenditure on construction of a building
295. Purchase of unused building where developer not involved
296. Purchase of building which has been sold unused by developer
297. Purchase of used building from developer
Qualifying enterprise zone expenditure
298. The time limit for qualifying enterprise zone expenditure
299. Application of section 294
300. Application of sections 295 and 296
301. Purchase of building within 2 years of first use
Part of expenditure within time limit for qualifying enterprise zone expenditure
302. Qualifying enterprise zone expenditure where section 295 or 296 applies
303. Purchase of building within 2 years of first use
304. Application of section 303 where developer involved
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Chapter 5
Initial allowances
305. Initial allowances for qualifying enterprise zone expenditure
306. Amount of initial allowance and period for which allowance made
307. Building not industrial building when first used etc.
308. Grants affecting entitlement to initial allowances
Chapter 6
Writing-down allowances
309. Entitlement to writing-down allowance
310. Basic rule for calculating amount of allowance
311. Calculation of allowance after sale of relevant interest
312. Allowance limited to residue of qualifying expenditure
313. Meaning of "the residue of qualifying expenditure"
Chapter 7
Balancing adjustments
General
314. When balancing adjustments are made
315. Main balancing events
316. Proceeds from main balancing events
317. Balancing event where hotel not qualifying hotel for 2 years
Calculation of balancing adjustments
318. Building an industrial building etc. throughout
319. Building not an industrial building etc. throughout
320. Overall limit on balancing charge
Meaning of "the relevant period of ownership" etc.
321. The relevant period of ownership
322. Starting expenditure
323. Adjusted net cost
324. Net allowances
Balancing allowances restricted where sale subject to subordinate interest
325. Balancing allowances restricted where sale subject to subordinate interest
326. Interpretation of section 325
Qualifying enterprise zone expenditure: effect of realising capital value
327. Capital value provisions: application of provisions
328. Balancing adjustment on realisation of capital value
329. Capital value that is attributable to subordinate interest
330. Exception for payments more than 7 years after agreement
331. Capital value provisions: interpretation
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Chapter 8
Writing off qualifying expenditure
332. Introduction
333. Writing off initial allowances
334. Writing off writing-down allowances
335. Writing off research and development allowances
336. Writing off expenditure when building not an industrial building
337. Writing off or increase of expenditure where balancing adjustment made
338. Writing off capital value which has been realised
339. Crown or other person not within the charge to tax entitled to the relevant interest
340. Treatment of demolition costs
Chapter 9
Highway undertakings
341. Carrying on of highway undertakings
342. The relevant interest
343. Balancing adjustment on ending of concession
344. Cases where highway concession is to be treated as extended
Chapter 10
Additional VAT liabilities and rebates
Introduction
345. Introduction
Additional VAT liabilities
346. Additional VAT liabilities and initial allowances
347. Additional VAT liabilities and writing-down allowances
348. Additional VAT liabilities and writing off initial allowances
Additional VAT rebates
349. Additional VAT rebates and writing-down allowances
350. Additional VAT rebates and balancing adjustments
351. Additional VAT rebates and writing off qualifying expenditure
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Chapter 11
Giving effect to allowances and charges
352. Trades
353. Lessors and licensors
354. Buildings temporarily out of use
355. Buildings for miners etc.: carry-back of balancing allowances
Chapter 12
Supplementary provisions
356. Apportionment of sums partly referable to non-qualifying assets
357. Arrangements having an artificial effect on pricing
358. Requisitioned land
359. Provisions applying on termination of lease
360. Meaning of "lease" etc.
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Part 4
Agricultural buildings allowances
Chapter 1
Introduction
361. Agricultural buildings allowances
362. Meaning of "husbandry"
363. Expenditure on the construction of a building
Chapter 2
The relevant interest
364. General rule as to what is the relevant interest
365. Effect of creation of subordinate lease
366. Interest conveyed or assigned by way of security
367. Merger of leasehold interest
368. Provisions applying on ending of lease
Chapter 3
Qualifying expenditure
369. Capital expenditure on construction of agricultural building
370. Purchase of relevant interest before first use of agricultural building
371. Different relevant interests in different parts of the related agricultural land
Chapter 4
Writing-down allowances
372. Entitlement to writing-down allowance
373. Basic rule for calculating amount of allowance
374. First use of building not for purposes of husbandry, etc.
375. Effect of acquisition of relevant interest after first use of building
376. Calculation of allowance after acquisition
377. Chargeable period when balancing adjustment made
378. Allowance limited to residue of qualifying expenditure
379. Final writing-down allowance
Chapter 5
Balancing adjustments
General
380. When balancing adjustments are made
381. Balancing events (on making an election)
382. Requirements as to elections
383. Proceeds from balancing events
384. Exclusion of proportion of proceeds
Calculation of balancing adjustments
385. Calculation of balancing adjustment
386. The residue of qualifying expenditure
387. Overall limit on balancing charge
388. Acquisition of relevant interest in part of land, etc.
389. Balancing allowances restricted where sale subject to subordinate interest etc.
390. Interpretation of section 389
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Chapter 6
Supplementary provisions
Giving effect to allowances and charges
391. Trades
392. Schedule A businesses
Meaning of "freehold interest", "lease" etc.
393. Meaning of "freehold interest", "lease", etc.
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Part 5
Mineral extraction allowances
Chapter 1
Introduction
394. Mineral extraction allowances
395. Qualifying expenditure
396. Meaning of "mineral exploration and access"
397. Meaning of "mineral asset"
398. Relationship between main types of qualifying expenditure
399. Expenditure excluded from being qualifying expenditure
Chapter 2
Qualifying expenditure on mineral exploration and access
400. Qualifying expenditure on mineral exploration and access
401. Pre-trading exploration expenditure
402. Pre-trading expenditure on plant or machinery
Chapter 3
Qualifying expenditure on acquiring a mineral asset
403. Qualifying expenditure on acquiring a mineral asset
404. Exclusion of undeveloped market value of land
405. Qualifying expenditure where buildings or structures cease to be used
406. Reduction where premium relief previously allowed
Chapter 4
Qualifying expenditure: second-hand assets
Assets reflecting expenditure on mineral exploration and access
407. Acquisition of mineral asset owned by previous trader
408. Acquisition of oil licence from non-trader
409. Acquisition of other assets from non-traders
Qualifying expenditure on assets limited by reference to historic costs
410. UK oil licence: limit is original licence payment
411. Assets generally: limit is residue of previous trader's qualifying expenditure
412. Transfers of mineral assets within group: limit is initial group expenditure
413. Transfers of mineral assets within group: supplementary
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Chapter 5
Other kinds of qualifying expenditure
414. Expenditure on works likely to become valueless
415. Contribution to buildings or works for benefit of employees abroad
416. Expenditure on restoration within 3 years of ceasing to trade
Chapter 6
Allowances and charges
Writing-down and balancing allowances and balancing charges
417. Determination of entitlement or liability
418. Amount of allowances and charges
Unrelieved qualifying expenditure
419. Unrelieved qualifying expenditure
Disposal values
420. Meaning of "disposal receipt"
421. Disposal of, or ceasing to use, asset
422. Use of asset otherwise than for permitted development etc.
423. Sections 421 and 422: amount of disposal value to be brought into account
424. Disposal value restricted in case of interest in land
425. Receipt of capital sum
Cases in which a person is entitled to a balancing allowance
426. Pre-trading expenditure
427. Giving up exploration, search or inquiry
428. Ceasing to work mineral deposits
429. Buildings etc. for benefit of employees abroad ceasing to be used
430. Disposal of asset, etc.
431. Discontinuance of trade
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Chapter 7
Supplementary provisions
432. Giving effect to allowances and charges
433. Treatment of demolition costs
434. Time when expenditure incurred
435. Shares in assets
436. Meaning of "development" etc.
-
Part 6
Research and development allowances
Chapter 1
Introduction
437. Research and development allowances
438. Expenditure on research and development
Chapter 2
Qualifying expenditure
439. Qualifying expenditure
440. Excluded expenditure: land
Chapter 3
Allowances and charges
441. Allowances
442. Balancing charges
443. Disposal values and disposal events
444. Disposal events: chargeable period for which disposal value is to be brought into account
445. Costs of demolition
Chapter 4
Additional VAT liabilities and rebates
446. Introduction
447. Additional VAT liability treated as additional expenditure etc.
448. Additional VAT rebate generates disposal value
449. Effect on balancing charges of additional VAT rebates in earlier chargeable periods
Chapter 5
Supplementary provisions
450. Giving effect to allowances and charges
451. Sales: time of cessation of ownership
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Part 7
Know-how allowances
Chapter 1
Introduction
452. Know-how allowances
453. Know-how as property
Chapter 2
Qualifying expenditure
454. Qualifying expenditure
455. Excluded expenditure
Chapter 3
Allowances and charges
456. Pooling of expenditure
457. Determination of entitlement or liability
458. Amount of allowances and charges
459. Available qualifying expenditure
460. Allocation of qualifying expenditure to pools
461. Unrelieved qualifying expenditure
462. Disposal values
463. Giving effect to allowances and charges
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Part 8
Patent allowances
Chapter 1
Introduction
464. Patent allowances
465. Future patent rights
466. Grant of licences
Chapter 2
Qualifying expenditure
467. Qualifying expenditure
468. Qualifying trade expenditure
469. Qualifying non-trade expenditure
Chapter 3
Allowances and charges
470. Pooling of expenditure
471. Determination of entitlement or liability
472. Amount of allowances and charges
473. Available qualifying expenditure
474. Allocation of qualifying expenditure to pools
475. Unrelieved qualifying expenditure
476. Disposal value of patent rights
477. Limit on amount of disposal value
Chapter 4
Giving effect to allowances and charges
478. Persons having qualifying trade expenditure
479. Persons having qualifying non-trade expenditure: income tax
480. Persons having qualifying non-trade expenditure: corporation tax
Chapter 5
Supplementary provisions
481. Anti-avoidance: limit on qualifying expenditure
482. Sums paid for Crown use etc. treated as paid under licence
483. Meaning of "income from patents"
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Part 9
Dredging allowances
Qualifying expenditure on dredging, etc.
484. Dredging allowances
485. Qualifying expenditure
486. Pre-trading expenditure of qualifying trades, etc.
Writing-down and balancing allowances
487. Writing-down allowances
488. Balancing allowances
Giving effect to allowances
489. Giving effect to allowances
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Part 10
Assured tenancy allowances
Chapter 1
Introduction
490. Assured tenancy allowances
491. Allowances available in relation to old expenditure only
492. Meaning of "approved body"
493. Expenditure on the construction of a building
Chapter 2
The relevant interest
Introduction
494. Introduction
The relevant interest in the building
495. General rule as to what is the relevant interest in the building
496. Interest acquired on completion of construction
497. Effect of creation of subordinate interest
498. Merger of leasehold interest
499. Provisions applying on termination of lease
The relevant interest in the dwelling-house
500. The relevant interest in the dwelling-house
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Chapter 3
Qualifying expenditure
501. Capital expenditure on construction
502. Purchase of unused dwelling-house where developer not involved
503. Purchase of dwelling-house sold unused by developer
Chapter 4
Qualifying dwelling-houses
504. Requirements relating to the landlord
505. Qualifying dwelling-houses: exclusions
506. Dwelling-house ceasing to be qualifying dwelling-house
Chapter 5
Writing-down allowances
Entitlement to and calculation of writing-down allowances
507. Entitlement to writing-down allowance
508. Basic rule for calculating amount of allowance
509. Calculation of allowance after sale of relevant interest
510. Allowance limited to residue of qualifying expenditure attributable to dwelling-house
Interpretation
511. Qualifying expenditure attributable to dwelling-house
512. Residue of qualifying expenditure attributable to dwelling-house
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Chapter 6
Balancing adjustments
General
513. When balancing adjustments are made
514. Balancing events
515. Proceeds from balancing events
Calculation of balancing adjustments
516. Dwelling-house a qualifying dwelling-house throughout
517. Dwelling-house not a qualifying dwelling-house throughout
518. Overall limit on balancing charge
519. Recovery of old initial allowances made on incorrect assumptions
Meaning of "the relevant period of ownership" etc.
520. The relevant period of ownership
521. Starting expenditure
522. Adjusted net cost
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Chapter 7
Writing off qualifying expenditure attributable to dwelling-house
523. Introduction
524. Writing off initial allowances
525. Writing off writing-down allowances
526. Writing off expenditure for periods when building not used as qualifying dwelling-house
527. Writing off or increase of expenditure where balancing adjustment made
528. Treatment of demolition costs
Chapter 8
Supplementary provisions
529. Giving effect to allowances and charges
530. Apportionment of sums partly referable to non-qualifying assets
531. Meaning of "dwelling-house", "lease" etc.
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Part 11
Contributions
Chapter 1
Exclusion of expenditure met by contributions
Rules excluding contributions
532. The general rule excluding contributions
533. Exclusion of contributions to dredging
Exceptions to the general rule excluding contributions
534. Northern Ireland regional development grants
535. Insurance or compensation money
536. Contributions not made by public bodies and not eligible for tax relief
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Chapter 2
Contribution allowances
Contribution allowances under Parts 2 to 5
537. Conditions for contribution allowances under Parts 2 to 5
538. Plant and machinery
539. Industrial buildings
540. Agricultural buildings
541. Mineral extraction
Effect of transfers of C's trade on contribution allowances under Parts 3, 4 and 5
542. Transfer of C's trade or relevant activity
Contribution allowances under Part 9
543. Contribution allowances under Part 9
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Part 12
Supplementary provisions
Chapter 1
Life assurance business
544. Management assets
545. Investment assets
Chapter 2
Additional VAT liabilities and rebates: interpretation, etc.
546. Introduction
547. "Additional VAT liability" and "additional VAT rebate"
548. Time when additional VAT liability or rebate is incurred or made
549. Chargeable period in which, and time when, additional VAT liability or rebate accrues
550. Apportionment of additional VAT liabilities and rebates
551. Supplementary
Chapter 3
Disposals of oil licences: provisions relating to Parts 5 and 6
Introduction
552. Meaning of "oil licence" and "interest in an oil licence"
Oil licences relating to undeveloped areas
553. Consideration to be treated as nil
554. Circumstances in which oil licence relates to undeveloped area
Disposal of oil licence with exploitation value
555. Disposal of oil licence with exploitation value
Minor definitions
556. Minor definitions
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Chapter 4
Partnerships, successions and transfers
557. Application of sections 558 and 559
558. Effect of partnership changes
559. Effect of successions
560. Transfer of insurance company business
561. Transfer of a UK trade to a company in another member State
Chapter 5
Miscellaneous
Apportionment
562. Apportionment where property sold together
Procedure for determining certain questions
563. Procedure for determining certain questions affecting two or more persons
564. Questions to which procedure in section 563 applies
Tax agreements for income tax purposes
565. Tax agreements for income tax purposes
Companies not resident in the United Kingdom
566. Companies not resident in the United Kingdom
Sales treated as being for alternative amount
567. Sales treated as being for alternative amount: introductory
568. Sales treated as being at market value
569. Election to treat sale as being for alternative amount
570. Elections: supplementary
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Chapter 6
Final provisions
General interpretation
571. Application of Act to parts of assets
572. References to sale of property and time of sale
573. Transfers treated as sales
574. Meaning of "control"
575. Connected persons
576. Meaning of "the Inland Revenue" etc.
577. Other definitions
Amendments, repeals, citation etc.
578. Consequential amendments
579. Commencement and transitional provisions and savings
580. Repeals
581. Citation
Schedule 1
Abbreviations and defined expressions
Part 1
Abbreviations
Part 2
Defined expressions
Schedule 2
Consequential amendments
Schedule 3
Transitionals and savings
Part 1
Continuity of the law
Part 2
Changes in the law
Part 3
General
Part 4
Plant and machinery allowances
Part 5
Industrial buildings allowances
Part 6
Agricultural buildings allowances
Part 7
Mineral extraction allowances
Part 8
Research and development allowances
Part 9
Patent allowances
Part 10
Dredging allowances
Part 11
Contributions
Part 12
Supplemental
Part 13
Other enactments
Schedule 4
Repeals
An Act to restate, with minor changes, certain enactments relating to capital allowances.
22nd March 2001
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--
Part 1 Introduction
Chapter 1 Capital allowances: general
1 Capital allowances
(1) This Act provides for allowances in respect of capital expenditure (and for charges in connection with those allowances).
(2) The allowances for which this Act provides are those under--
(a) Part 2 (plant and machinery allowances);
(b) Part 3 (industrial buildings allowances);
(c) Part 4 (agricultural buildings allowances);
(d) Part 5 (mineral extraction allowances);
(e) Part 6 (research and development allowances);
(f) Part 7 (know-how allowances);
(g) Part 8 (patent allowances);
(h) Part 9 (dredging allowances);
(i) Part 10 (assured tenancy allowances).
(3) This Act also provides for allowances in respect of contributions to expenditure incurred on plant or machinery, industrial buildings or agricultural buildings, for the purposes of a mineral extraction trade or on dredging (see Part 11).
2 General means of giving effect to capital allowances
(1) Allowances and charges are to be given effect--
(a) for income tax purposes, in calculating income for a chargeable period, and
(b) for corporation tax purposes, in calculating profits for a chargeable period.
(2) For the meaning of "chargeable period", see section 6.
(3) Subsection (1) needs to be read with the following provisions about giving effect to allowances and charges--
sections 247 to 262 (plant and machinery allowances);
sections 352 to 355 (industrial buildings allowances);
sections 391 and 392 (agricultural buildings allowances);
section 432 (mineral extraction allowances);
section 450 (research and development allowances);
section 463 (know-how allowances);
sections 478 to 480 (patent allowances);
section 489 (dredging allowances);
section 529 (assured tenancy allowances).
(4) In subsection (1)(b) "profits" has the same meaning as in section 6 of ICTA.
3 Claims for capital allowances
(1) No allowance is to be made under this Act unless a claim for it is made.
(2) The claim must be included in a tax return.
(3) In this Act "tax return" means--
(a) for income tax purposes, a return required to be made under TMA 1970, and
(b) for corporation tax purposes, a company tax return required to be made under Schedule 18 to FA 1998 (company tax returns, assessments and related matters).
(4) Subsection (2) does not apply for income tax purposes to a claim for an allowance under--
(a) section 258 (claim for allowance in respect of special leasing of plant or machinery),
(b) section 355 (claim to carry back balance of allowance in respect of buildings for miners etc.), or
(c) section 479 (claim for patent allowance in respect of non-trading expenditure),
which is instead subject to section 42 of TMA 1970 (procedure for making claims and claims not included in returns).
(5) Subsection (2) does not apply for corporation tax purposes to a claim for an allowance under--
(a) section 260(3)(b) (claim to carry back allowance in respect of special leasing of plant or machinery), or
(b) section 355 (claim to carry back balance of allowance in respect of buildings for miners etc.),
which is instead subject to paragraphs 54 to 60 of Schedule 18 to FA 1998 (general provisions as to claims).
(6) This section is subject to section 42(6) and (7) of TMA 1970 (special provisions relating to partnerships).
4 Capital expenditure
(1) In this Act "capital expenditure" and "capital sums" are used in the sense given in this section.
(2) "Capital expenditure" and "capital sums" do not include, in relation to a person incurring the expenditure or paying the sums--
(a) any expenditure or sum that may be deducted in calculating the profits or gains of a trade, profession or vocation or property business carried on by the person, or
(b) any expenditure or sum that may be deducted in calculating the emoluments of an employment or office held by the person.
(3) "Capital expenditure" and "capital sums" do not include, in relation to a recipient of the expenditure or sums--
(a) any amounts that are to be added in calculating the profits or gains of a trade, profession or vocation or property business carried on by the recipient, or
(b) any amounts that are emoluments of an employment or office held by the recipient.
(4) "Capital expenditure" and "capital sums" do not include, in relation to--
(a) a person incurring the expenditure or paying the sums, or
(b) a recipient of the expenditure or sums,
any expenditure or sum in the case of which a deduction of income tax falls or may fall to be made under section 348 or 349(1) of ICTA (annual payments).
(5) Subsection (4) does not apply to any expenditure or sum in the case of which a deduction of income tax falls or may fall to be so made as a result of section 524(3)(b) of ICTA (receipts from sale of patent rights by person not resident in the UK).
5 When capital expenditure is incurred
(1) For the purposes of this Act, the general rule is that an amount of capital expenditure is to be treated as incurred as soon as there is an unconditional obligation to pay it.
(2) The general rule applies even if the whole or a part of the expenditure is not required to be paid until a later date.
(3) There are the following exceptions to the general rule.
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