| Capital Allowances Act 2001 | ||||
| 2001 Chapter 2 - continued | ||||
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| CHAPTER 10 | ||||
| LONG-LIFE ASSETS | ||||
Long-life asset expenditure | ||||
| 90 | Long-life asset expenditure | |||
| "Long-life asset expenditure" means qualifying expenditure- | ||||
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| 91 | Meaning of "long-life asset" | |||
| (1) For the purposes of this Chapter "long-life asset" means plant or machinery which- | ||||
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| (2) "New" means unused and not second-hand. | ||||
| (3) The useful economic life of plant or machinery is the period- | ||||
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| 92 | Application of Chapter to part of expenditure | |||
| (1) If, under any of the following provisions of this Chapter, this Chapter applies to part only of the capital expenditure on plant and machinery- | ||||
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| are to be treated for the purposes of this Act as expenditure on separate items of plant or machinery. | ||||
| (2) For the purposes of subsection (1), all such apportionments are to be made as are just and reasonable. | ||||
Expenditure excluded from being long-life asset expenditure | ||||
| 93 | Fixtures etc. | |||
| (1) Expenditure is not long-life asset expenditure if it is incurred on the provision of plant or machinery which is a fixture in, or is provided for use in, any building used wholly or mainly- | ||||
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| (2) In this section- | ||||
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| 94 | Ships | |||
| (1) Expenditure is not long-life asset expenditure if- | ||||
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| (2) The conditions are that- | ||||
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| (3) "Offshore installation" and "controlled waters" have the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 (c. 61). | ||||
| 95 | Railway assets | |||
| (1) Expenditure is not long-life asset expenditure if it is incurred before 1st January 2011 on the provision of a railway asset used by any person wholly and exclusively for the purposes of a railway business. | ||||
| (2) "Railway asset" means- | ||||
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| (3) "Railway business" means a business so far as carried on to provide a service to the public for carrying goods or passengers by means of a railway in the United Kingdom or the Channel Tunnel. | ||||
| (4) For the purposes of subsection (1), a railway asset of a kind described in subsection (2)(a) is not to be treated as used otherwise than wholly and exclusively for the purposes of a railway business merely because it is used to carry goods or passengers- | ||||
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| (5) In subsections (2) and (3), "railway" has the same meaning as in section 81(2) of the 1993 Act ("railway" includes tramways and other modes of guided transport). | ||||
| (6) In this section- | ||||
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| 96 | Cars | |||
| Expenditure is not long-life asset expenditure if it is incurred on the provision of a car (as defined by section 81). | ||||
| 97 | Expenditure within the relevant monetary limit: general | |||
| Expenditure is not long-life asset expenditure if it is- | ||||
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| 98 | Expenditure to which the monetary limits apply | |||
| (1) The monetary limits apply to expenditure incurred by an individual for a chargeable period if- | ||||
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| (2) The monetary limits apply to expenditure incurred by a partnership for a chargeable period if- | ||||
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| (3) The monetary limits apply for the purposes of corporation tax to any expenditure incurred by a company for a chargeable period other than expenditure within subsection (4). | ||||
| (4) Expenditure is within this subsection if it is- | ||||
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| 99 | The monetary limit | |||
| (1) The monetary limit in the case of a chargeable period of 12 months is £100,000. | ||||
| (2) If, in the case of an individual or partnership, the chargeable period is longer or shorter than 12 months, the monetary limit is the amount given by a proportional increase or reduction of £100,000. | ||||
| (3) If, in the case of a company, the chargeable period is shorter than 12 months, the monetary limit is the amount given by a proportional reduction of £100,000. | ||||
(4) If, in a chargeable period, a company has one or more associated companies, the monetary limit for that period is-
where- L is the monetary limit applicable under subsection (1) or (3), and N is the number of the associated companies. | ||||
| (5) Section 13(4) and (5) of ICTA (companies which count as associated companies for the purposes of section 13(3)) applies for the purposes of subsection (4). | ||||
| 100 | Exceeding the monetary limit | |||
| (1) The monetary limit for a chargeable period is exceeded if the total expenditure in that period that meets the conditions in subsection (2) exceeds that limit. | ||||
| (2) The conditions are that the expenditure- | ||||
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| (3) Subsection (4) applies if, in the case of any contract for the provision of plant or machinery, the capital expenditure which is (or is to be) incurred under the contract is (or may fall to be) treated for the purposes of this Act as incurred in different chargeable periods. | ||||
| (4) All of the expenditure falling to be incurred under the contract on the provision of the plant or machinery is to be treated for the purposes of this section as incurred in the first chargeable period in which any of the expenditure is incurred. | ||||
Rules applying to long-life asset expenditure | ||||
| 101 | Long-life asset pool | |||
| (1) Long-life asset expenditure to which this section applies, if allocated to a pool, must be allocated to a class pool ("the long-life asset pool"). | ||||
| (2) This section applies to long-life asset expenditure if- | ||||
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| 102 | Writing-down allowances at 6% | |||
| (1) The amount of the writing-down allowance to which a person is entitled for a chargeable period in respect of expenditure which is long-life asset expenditure is 6% of the amount by which AQE exceeds TDR (see Chapter 5). | ||||
| (2) Subsection (1) applies even if the long-life asset expenditure is in a single asset pool. | ||||
| (3) In the case of expenditure which is within section 107(2)(a) and (b) (overseas leasing which is not protected leasing), this section is subject to sections 110, 114 and 115 (allowances prohibited in certain cases etc.). | ||||
| (4) Subsections (3) and (4) of section 56 (proportionate increases or reductions in amount in certain cases) apply for the purposes of subsection (1) of this section as they apply for the purposes of subsection (1) of that section. | ||||
Anti-avoidance provisions | ||||
| 103 | Later claims | |||
| (1) Subsection (2) applies if- | ||||
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| (2) If- | ||||
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| (3) A person makes a Part 2 claim in respect of any expenditure if he- | ||||
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| 104 | Disposal value of long-life assets | |||
| (1) This section applies if- | ||||
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| (2) The disposal value that the taxpayer must bring into account is the notional written-down value of the long-life asset. | ||||
| (3) The notional written-down value is- QE - A where- QE is the taxpayer's expenditure on the plant or machinery that is qualifying expenditure, and A is the total of all allowances which could have been made to the taxpayer in respect of that expenditure if- (a) that expenditure had been the only expenditure that had ever been taken into account in determining his available qualifying expenditure, (b) that expenditure had not been prevented by the application of a monetary limit from being long-life asset expenditure, and (c) all allowances had been made in full. | ||||
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| © Crown copyright 2001 | Prepared 2 May 2001 |























