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Entitlement to writing-down allowance



Capital Allowances Act 2001

Capital allowances

No double allowances

General conditions as to availability of plant and machinery allowances

Qualifying activities

Buildings, Structures, assets and works

First-year allowances available for certain types of qualifying expenditure only

First-year allowances

Plant or machinery treated as owned by person entitled to benefit of contract, etc

Software and rights to software

Single asset pool

Meaning of short-life asset

Long-life asset expenditure

Leasing, overseas leasing etc

Single ship pool

Meaning of mineral extraction trade etc

Scope of Chapter etc

Reduction of first-year allowances

Meaning of partial depreciation subsidy

Relevant transactions: sale, hire-purchase (etc.) and assignment

Introduction: Additional VAT liability treated as qualifying expenditure

Trades: Ordinary Schedule A businesses

Qualifying activities carried on in partnership

Industrial buildings allowance

Trades and undertakings which are qualifying trades

General rule as to what is the relevant interest

Meaning of qualifying expenditure

Initial allowances for qualifying enterprise zone expenditure

When balancing adjustments are made

Introduction, Writing off initial allowances

Carrying on of highway undertakings

Introduction, Additional VAT liabilities and initial allowances

Trades, Lessors and licensors

Apportionment of sums partly referable to non-qualifying assets

Agricultural buildings allowances, Meaning of husbandry, Expenditure on the construction of a building

General rule as to what is the relevant interest

Capital expenditure on construction of agricultural building

Entitlement to writing-down allowance

When balancing adjustments are made

Trades, Meaning of freehold interest, lease, etc.

Mineral extraction allowances

Qualifying expenditure on mineral exploration and access

Qualifying expenditure on acquiring a mineral asset

Acquisition of mineral asset owned by previous trader

Expenditure on works likely to become valueless

Determination of entitlement or liability

Giving effect to allowances and charges

Research and development allowances

Qualifying expenditure

Allowances, Balancing charges, Disposal values and disposal events

Introduction, Additional VAT liability treated as additional expenditure etc

Giving effect to allowances and charges, Sales: time of cessation of ownership

Know-how allowances, Know-how as property

Qualifying expenditure, Excluded expenditure

Pooling of expenditure

Patent allowances

Qualifying expenditure

Pooling of expenditure

Persons having qualifying trade expenditure

Anti-avoidance: limit on qualifying expenditure

Dredging allowances

Assured tenancy allowances

Introduction

Capital expenditure on construction

Requirements relating to the landlord

Entitlement to writing-down allowance

When balancing adjustments are made

Introduction

Giving effect to allowances and charges

The general rule excluding contributions

Conditions for contribution allowances under Parts 2 to 5

Management assets, Investment assets

Introduction, Additional VAT liability and additional VAT rebate

Meaning of oil licence and interest in an oil licence

Application of sections 558 and 559

Apportionment where property sold together

Application of Act to parts of assets

Abbreviations and defined expressions

Part 2 Defined expressions

Consequential amendments

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

Repeals



Capital Allowances Act 2001
2001 Chapter 2 - continued
Part of expenditure within time limit for qualifying enterprise zone expenditure - continued

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 CHAPTER 6
 WRITING-DOWN ALLOWANCES
309    Entitlement to writing-down allowance
 
     (1) A person is entitled to a writing-down allowance for a chargeable period if-
 
 
    (a) qualifying expenditure has been incurred on a building,
 
    (b) at the end of that chargeable period, the person is entitled to the relevant interest in the building in relation to that expenditure, and
 
    (c) at the end of that chargeable period, the building is an industrial building.
     (2) A person claiming a writing-down allowance may require the allowance to be reduced to a specified amount.
 
310    Basic rule for calculating amount of allowance
 
     (1) The basic rule is that the writing-down allowance for a chargeable period is-
 
 
    (a) in the case of qualifying enterprise zone expenditure, 25% of the expenditure, and
 
    (b) in the case of other qualifying expenditure, 4% of the expenditure.
     (2) The allowance is proportionately increased or reduced if the chargeable period is more or less than a year.
 
     (3) This basic rule does not apply if section 311 applies.
 
311    Calculation of allowance after sale of relevant interest
 
     (1) If a relevant event occurs, the writing-down allowance for any chargeable period ending after the event is-

 A
RQE ×
 B

where-

RQE is the amount of the residue of qualifying expenditure immediately after the event,

A is the length of the chargeable period, and

B is the length of the period from the date of the event to the end of the period of 25 years beginning with the day on which the building was first used.
 

     (2) On any later relevant event, the writing-down allowance is further adjusted in accordance with this section.
 
     (3) "Relevant event" means-
 
 
    (a) a sale of the relevant interest in the building which is a balancing event to which section 314 applies, or
 
    (b) an event which is a relevant event for the purposes of this section under section 347 or 349 (additional VAT liabilities and rebates).
312    Allowance limited to residue of qualifying expenditure
 
     (1) The amount of the writing-down allowance for a chargeable period is limited to the residue of qualifying expenditure.
 
     (2) For this purpose the residue is ascertained immediately before writing off the writing-down allowance at the end of the chargeable period.
 
313    Meaning of "the residue of qualifying expenditure"
 
 The residue of qualifying expenditure is the qualifying expenditure that has not yet been written off in accordance with Chapter 8.
 
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© Crown copyright 2001
Prepared 2 May 2001

Publishing Rights: Coddan CPM Core Licence (HMSO) number is C02W0007897 issued on 25 November 2005 by HMSO Licensing Division (Core Licence.pdf Licence to reproduce public sector information).


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