CONTENTS
|
PART 1 |
| INTRODUCTION |
| CHAPTER 1 |
| CAPITAL ALLOWANCES: GENERAL |
| Section | |
| 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 |
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. |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 fixtures: general |
| 197 | Disposal values in avoidance cases |
Election to fix apportionment |
| 198 | Election to apportion sale price on sale of qualifying interest |
| 199 | Election to apportion capital sum given by lessee on grant of lease |
| 200 | Elections under sections 198 and 199: supplementary |
| 201 | Elections under sections 198 and 199: procedure |
Further provisions |
| 202 | Interpretation |
| 203 | Amendment of returns etc. |
| 204 | Appeals etc. |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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. |
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 |
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. |
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 |
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 |
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 |
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 |
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" |
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 |
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 |
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 |
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 |
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. |
PART 11 |
| CONTRIBUTIONS |
| CHAPTER 1 |
| EXCLUSION OF EXPENDITURE MET BY CONTRIBUTIONS |
| Rules excluding contributions |
| 532 | |