Law

Capital Allowances Act 2001

United Kingdom · statute

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In force since 2026-05-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 893 provisions
  1. Title and introductory text
  2. 1 Capital allowances
  3. 1A Capital allowances and charges: cash basis
  4. 2 General means of giving effect to capital allowances
  5. 3 Claims for capital allowances
  6. 4 Capital expenditure
  7. 5 When capital expenditure is incurred
  8. 6 Meaning of “chargeable period”
  9. 6A “NIRE company” and “SME (Northern Ireland employer) company”
  10. 6B “Northern Ireland firm” etc
  11. 6C “NI rate activity”
  12. 6D NI rate activity treated as separate trade
  13. 6E Giving effect to allowances and charges: NI rate activity cases
  14. 7 No double allowances
  15. 8 No double relief through pooling under Part 2 (plant and machinery allowances)
  16. 9 Interaction between fixtures claims and other claims
  17. 10 Interpretation
  18. 11 General conditions as to availability of plant and machinery allowances
  19. 12 Expenditure incurred before qualifying activity carried on
  20. 13 Use for qualifying activity of plant or machinery provided for other purposes
  21. 13A Use for other purposes of plant or machinery previously used for long funding leasing
  22. 13B Use for other purposes of plant or machinery: property businesses
  23. 14 Use for qualifying activity of plant or machinery which is a gift
  24. 15 Qualifying activities
  25. 16 Ordinary UK property businesses
  26. 17 UK furnished holiday lettings businesses
  27. 17A Ordinary overseas property business
  28. 17B EEA furnished holiday lettings businesses
  29. 18 Managing the investments of a company with investment business
  30. 19 Special leasing of plant or machinery
  31. 20 Employments and offices
  32. 21 Buildings
  33. 22 Structures, assets and works
  34. 23 Expenditure unaffected by sections 21 and 22
  35. 24 Interests in land
  36. 25 Building alterations connected with installation of plant or machinery
  37. 26 Demolition costs
  38. 27 Application of Part to thermal insulation and personal security
  39. 28 Thermal insulation of ... buildings
  40. 29 Fire safety
  41. 30 Safety at designated sports grounds
  42. 31 Safety at regulated stands at sports grounds
  43. 32 Safety at other sports grounds
  44. 33 Personal security
  45. 33A Expenditure on provision or replacement of integral features
  46. 33B Meaning of “replacement” in section 33A
  47. 34 Expenditure by MPs and others on accommodation
  48. 34A Expenditure on plant or machinery for long funding leasing not qualifying expenditure
  49. 35 Expenditure on plant or machinery for use in dwelling-house not qualifying expenditure in certain cases
  50. 36 Restriction on qualifying expenditure in case of employment or office
  51. 37 Exclusion where sums payable in respect of depreciation
  52. 38 Production animals etc.
  53. 38ZA Vehicles for which deductions allowed at fixed rate under Part 2 of ITTOIA 2005
  54. 38A AIA qualifying expenditure
  55. 38B General exclusions applying to section 38A
  56. 39 First-year allowances available for certain types of qualifying expenditure only
  57. 40 Expenditure incurred for Northern Ireland purposes by small or medium-sized enterprises
  58. 41 Miscellaneous exclusions from section 40 (expenditure for Northern Ireland purposes etc.)
  59. 42 Exclusion of plant or machinery partly for use outside Northern Ireland
  60. 43 Effect of plant or machinery subsequently being primarily for use outside Northern Ireland
  61. 44 Expenditure incurred by small or medium-sized enterprises
  62. 45 ICT expenditure incurred by small enterprises
  63. 45D Expenditure on cars with low carbon dioxide emissions
  64. 45DA Expenditure on zero-emission goods vehicles
  65. 45DB Exclusions from allowances under section 45DA
  66. 45E Expenditure on plant or machinery for gas refuelling station
  67. 45EA Expenditure on plant or machinery for electric vehicle charging point
  68. 45F Expenditure on plant and machinery for use wholly in a ring fence trade
  69. 45G Plant or machinery used for less than five years in a ring fence trade
  70. 45K Expenditure on plant and machinery for use in designated assisted areas
  71. 45L Exclusion of plant or machinery partly for use outside designated assisted areas
  72. 45M Exclusions from allowances under section 45K
  73. 45N Effect of plant or machinery subsequently being primarily for use outside designated assisted areas
  74. 45O Expenditure on plant and machinery for use in special tax sites
  75. 45P Power to amend conditions
  76. 45Q Exclusion of plant or machinery partly for use outside special tax sites
  77. 45R Effect of failing to comply with ongoing requirements
  78. 45S Expenditure on plant or machinery in other cases
  79. 45T Exclusion of expenditure incurred under disqualifying arrangements
  80. 45U Expenditure on plant or machinery in cases not falling with section 45S etc
  81. 45V Exclusion of expenditure incurred under disqualifying arrangements
  82. 46 General exclusions ...
  83. 47 Expenditure of small or medium-sized enterprises: companies
  84. 48 Expenditure of small or medium-sized enterprises: businesses
  85. 49 Whether company is a member of a large or medium-sized group
  86. 50 Time when expenditure is incurred
  87. 51 Disclosure of information between UK tax authorities
  88. 51A Entitlement to annual investment allowance
  89. 51B First restriction: companies
  90. 51C Second restriction: groups of companies
  91. 51D Third restriction: groups of companies under common control
  92. 51E Fourth restriction: other companies under common control
  93. 51F Companies and groups: meaning of “control”
  94. 51G Companies and groups: meaning of “related”
  95. 51H Fifth restriction: qualifying activities under common control
  96. 51I Qualifying activities: meaning of control
  97. 51J Qualifying activity: meaning of “related”
  98. 51JA Sixth restriction: allocation where profits chargeable at NI rate
  99. 51K Operation of annual investment allowance where restrictions apply
  100. 51L Special provision for short chargeable periods
  101. 51M Special provision for long chargeable periods
  102. 51N Special provision for long chargeable periods: supplementary
  103. 52 First-year allowances
  104. 52A Prevention of double relief
  105. 53 Pooling of qualifying expenditure
  106. 54 The different kinds of pools
  107. 55 Determination of entitlement or liability
  108. 56 Amount of allowances and charges
  109. 56A Writing-down allowances for small pools
  110. 57 Available qualifying expenditure
  111. 58 Initial allocation of qualifying expenditure to pools
  112. 59 Unrelieved qualifying expenditure
  113. 59A Disposal of assets where first-year allowance made under section 45S for expenditure which is not special rate expenditure
  114. 59B Disposal of assets where first-year allowance made under section 45S for expenditure which is special rate expenditure
  115. 59C Sections 59A and 59B: tax avoidance arrangements
  116. 60 Meaning of “disposal receipt” and “disposal event”
  117. 61 Disposal events and disposal values
  118. 62 General limit on amount of disposal value
  119. 62A Cases in which disposal value is transition value
  120. 63 Cases in which disposal value is nil
  121. 64 Case in which no disposal value need be brought into account
  122. 64A Leased assets: arrangements reducing disposal value of asset
  123. 65 The final chargeable period
  124. 66 List of provisions outside this Chapter about disposal values
  125. 66A Persons leaving cash basis
  126. 66B SME company entering NI corporation tax regime
  127. 66C SME partnership entering NI corporation tax regime
  128. 66D SME company leaving NI corporation tax regime
  129. 66E SME partnership leaving NI corporation tax regime
  130. 67 Plant or machinery treated as owned by person entitled to benefit of contract, etc.
  131. 68 Disposal value on cessation of notional ownership
  132. 69 Hire-purchase etc. and fixtures
  133. 70 Plant or machinery provided by lessee
  134. 70A Entitlement to capital allowances
  135. 70B Long funding operating lease: amount of capital expenditure
  136. 70C Long funding finance lease: amount of capital expenditure
  137. 70D Long funding finance lease: additional expenditure: allowances for lessee
  138. 70DA Transfer and long funding leaseback: restrictions on lessee's allowances
  139. 70E Disposal events and disposal values
  140. 70F Introductory
  141. 70G “Long funding lease”
  142. 70H Lessee: requirement for tax return treating lease as long funding lease
  143. 70I “Short lease”
  144. 70J “Funding lease”
  145. 70K “Plant or machinery lease”
  146. 70L Plant or machinery leased with other assets: separate derived leases
  147. 70M Derived leases of plant or machinery: term and rentals
  148. 70N The finance lease test
  149. 70O The lease payments test
  150. 70P The useful economic life test
  151. 70Q Leases excluded by right of lessor etc to claim capital allowances
  152. 70R Excluded leases of background plant or machinery for a building
  153. 70S The disqualifications
  154. 70T Orders relating to background plant or machinery for a building
  155. 70U Plant or machinery leased with land: low percentage value
  156. 70V Tax avoidance involving international leasing
  157. 70W Transfers, assignments etc by lessor
  158. 70X Transfers, assignments etc by lessee
  159. 70Y Sale and leaseback, lease and leaseback etc: lessors
  160. 70YA Change in accountancy classification of long funding lease
  161. 70YB Long funding operating lease: extension of term of lease
  162. 70YC Extension of term of lease that is not a long funding lease
  163. 70YD Increase in proportion of residual amount guaranteed: review of status
  164. 70YE “Minimum lease payments”
  165. 70YF The “term” of a lease
  166. 70YG “Termination amount”
  167. 70YH “Termination value”
  168. 70YI General definitions
  169. 70YJ Power to vary the meaning of certain expressions
  170. 71 Software and rights to software
  171. 72 Disposal values
  172. 73 Limit on disposal values
  173. 74 Single asset pool
  174. 75 General limit on amount of writing-down allowance
  175. 76 Limit where part of expenditure met by another person
  176. 77 Car used partly for purposes other than those of qualifying activity
  177. 78 Effect of partial depreciation subsidy
  178. 79 Cases where Chapter 17 (anti-avoidance) applies
  179. 80 Vehicles provided for purposes of employment or office
  180. 81 Extended meaning of “car”
  181. 82 Qualifying hire cars
  182. 83 Meaning of “short-life asset”
  183. 84 Cases in which short-life asset treatment is ruled out
  184. 85 Election for short-life asset treatment: procedure
  185. 86 Short-life asset pool
  186. 87 Short-life assets provided for leasing
  187. 88 Sales at under-value
  188. 89 Disposal to connected person
  189. 90 Long-life asset expenditure
  190. 91 Meaning of “long-life asset”
  191. 92 Application of Chapter to part of expenditure
  192. 93 Fixtures etc.
  193. 94 Ships
  194. 95 Railway assets
  195. 96 Cars
  196. 97 Expenditure within the relevant monetary limit: general
  197. 98 Expenditure to which the monetary limits apply
  198. 99 The monetary limit
  199. 100 Exceeding the monetary limit
  200. 101 Allocation of long-life asset expenditure to pool
  201. 102 Writing-down allowance in respect of long-life asset expenditure
  202. 103 Later claims
  203. 104 Disposal value of long-life assets
  204. 104A Special rate expenditure
  205. 104AA Meaning of “main rate car”
  206. 104B Application of Chapter to part of expenditure
  207. 104C Special rate pool
  208. 104D Writing-down allowances at 6% or 10%
  209. 104E Disposal value of special rate assets
  210. 104F Special rate cars: discontinued activity continued by relevant company
  211. 104G Disposal events in respect of cushion gas
  212. 105 “Leasing”, “overseas leasing” etc.
  213. 106 The designated period
  214. 107 The overseas leasing pool
  215. 108 Effect of disposal to connected person on overseas leasing pool
  216. 109 Writing-down allowances at 10%
  217. 110 Cases where allowances are prohibited
  218. 111 Excess allowances: standard recovery mechanism
  219. 112 Excess allowances: connected persons
  220. 113 Excess allowances: special provision for ships
  221. 114 Prohibited allowances: standard recovery mechanism
  222. 115 Prohibited allowances: connected persons
  223. 116 Mitigation of regime
  224. 117 Recovery of allowances in case of joint lessees
  225. 118 Certificate relating to protected leasing
  226. 119 Notice of change of use of plant or machinery
  227. 120 Notice and joint lessees
  228. 121 Meaning of “short-term leasing”
  229. 122 Short-term leasing by buyer, lessee, etc.
  230. 123 Ships and aircraft
  231. 124 Transport containers
  232. 125 Other qualifying purposes
  233. 126 Minor definitions
  234. 127 Single ship pool
  235. 128 Expenditure which is not to be allocated to single ship pool
  236. 129 Election to use the appropriate non-ship pool
  237. 130 Notice postponing first-year or writing-down allowance
  238. 131 Effect of postponement
  239. 132 Disposal events and single ship pool
  240. 133 Ship not used
  241. 134 Deferment of balancing charges: introduction
  242. 135 Claim for deferment
  243. 136 Further conditions for deferment
  244. 137 Effect of deferment
  245. 138 Limit on amount deferred
  246. 139 Amount taken into account in respect of old ship
  247. 140 Notice attributing deferred amounts to new expenditure
  248. 141 Deferred amounts attributed to earlier expenditure first
  249. 142 Variation of attribution
  250. 143 Effect of attribution
  251. 144 Amounts which cease to be attributable
  252. 145 Requirement to notify where no entitlement to defer amounts
  253. 146 Basic meaning of expenditure on new shipping
  254. 147 Exclusions: ship previously owned
  255. 148 Exclusions: object to secure deferment
  256. 149 Exclusions: later events
  257. 150 Exclusions where expenditure not incurred by shipowner
  258. 151 Basic meaning of qualifying ship
  259. 152 Ships under 100 tons
  260. 153 Ships which are not qualifying ships
  261. 154 Further registration requirement
  262. 155 Change in the persons carrying on the qualifying activity
  263. 156 Connected persons
  264. 157 Adjustment of assessments etc.
  265. 158 Members of same group
  266. 159 Meaning of “mineral extraction trade” etc.
  267. 160 Expenditure treated as incurred for purposes of mineral extraction trade
  268. 161 Pre-trading expenditure on mineral exploration and access
  269. 161A Meaning of “offshore infrastructure”
  270. 161B Meaning of “decommissioning expenditure”
  271. 161C Expenditure related to reuse etc. qualifies for writing-down allowances
  272. 161D Exceptions to section 161C(2)
  273. 162 Ring fence trade a separate qualifying activity
  274. 163 Meaning of “general decommissioning expenditure”
  275. 163A Expenditure in anticipation of approval of abandonment programme
  276. 164 General decommissioning expenditure incurred before cessation of ring fence trade
  277. 165 General decommissioning expenditure after ceasing ring fence trade
  278. 165A Decommissioning services supplied by connected person
  279. 165B Restriction on allowance available
  280. 165C Allowance in respect of certain services related to decommissioning
  281. 165D Allowance where decommissioning undertaken for other participators in oil field
  282. 165E Transaction to obtain tax advantage
  283. 166 Transfers of interests in oil fields: anti-avoidance
  284. 167 Oil production sharing contracts
  285. 168 Expenditure on plant or machinery incurred by contractor
  286. 169 Expenditure on plant or machinery incurred by participator
  287. 170 Participator’s expenditure attributable to plant or machinery
  288. 171 Disposal values on cessation of ownership
  289. 172 Scope of Chapter etc.
  290. 172A Long funding leases etc: cases where this Chapter does not apply.
  291. 173 Meaning of “fixture” and “relevant land”
  292. 174 Meaning of “equipment lease” and “lease”
  293. 175 Meaning of “interest in land”, etc.
  294. 175A Meaning of “energy services agreement”
  295. 176 Person with interest in relevant land having fixture for purposes of qualifying activity
  296. 177 Equipment lessors
  297. 178 Equipment lessee has qualifying activity etc.
  298. 179 Equipment lessor has right to sever fixture that is not part of building
  299. 180 Equipment lease is part of affordable warmth programme
  300. 180A Energy services providers
  301. 181 Purchaser of land giving consideration for fixture
  302. 182 Purchaser of land discharging obligations of equipment lessee
  303. 182A Purchaser of land discharging obligations of client under energy services agreement
  304. 183 Incoming lessee where lessor entitled to allowances
  305. 184 Incoming lessee where lessor not entitled to allowances
  306. 185 Fixture on which a plant and machinery allowance has been claimed
  307. 186 Fixture on which an industrial buildings allowance has been made
  308. 186A Fixtures on which a business premises renovation allowance has been made
  309. 187 Fixture on which a research and development allowance has been made
  310. 187A Effect of changes in ownership of a fixture
  311. 187B Section 187A: supplementary provision
  312. 188 Cessation of ownership when person ceases to have qualifying interest
  313. 189 Identifying the qualifying interest in special cases
  314. 190 Cessation of ownership of lessor where section 183 applies
  315. 191 Cessation of ownership on severance of fixture
  316. 192 Cessation of ownership of equipment lessor
  317. 192A Cessation of ownership of energy services provider
  318. 193 Acquisition of ownership by lessor or licensor on termination of lease or licence
  319. 194 Acquisition of ownership by assignee of equipment lessor
  320. 195 Acquisition of ownership by equipment lessee
  321. 195A Acquisition of ownership by assignee of energy services provider
  322. 195B Acquisition of ownership by client
  323. 196 Disposal values in relation to fixtures: general
  324. 197 Disposal values in avoidance cases
  325. 198 Election to apportion sale price on sale of qualifying interest
  326. 199 Election to apportion capital sum given by lessee on grant of lease
  327. 200 Elections under sections 198 and 199: supplementary
  328. 201 Elections under sections 198 and 199: procedure
  329. 202 Interpretation
  330. 203 Amendment of returns etc.
  331. 204 Appeals etc.
  332. 205 Reduction of annual investment allowance and first-year allowances
  333. 206 Single asset pool etc.
  334. 207 Reduction of allowances and charges on expenditure in single asset pool
  335. 208 Effect of significant reduction in use for purposes of qualifying activity
  336. 208A Cars: disposal value in avoidance cases
  337. 209 Meaning of “partial depreciation subsidy”
  338. 210 Reduction of annual investment allowance and first-year allowances
  339. 211 Single asset pool etc.
  340. 212 Reduction of allowances and charges on expenditure in single asset pool
  341. 212ZA Apportionment of expenditure incurred partly for NI rate activity
  342. 212ZB Single asset pool etc
  343. 212ZC Allowances and charges on expenditure in single asset pool
  344. 212ZD Effect of significant change in balance of use
  345. 212ZE Application of Chapter to partnerships
  346. 212ZF “Main rate activity”
  347. 212A Scope of Chapter
  348. 212B Where Chapter applies
  349. 212C When there is qualifying change in relation to C
  350. 212D Guide to sections explaining section 212C
  351. 212E Principal companies
  352. 212F When company is owned by consortium and consortium members
  353. 212G Qualifying 75% subsidiaries
  354. 212H Ownership proportion
  355. 212I Relevant percentage share
  356. 212J Relevant excess of allowances
  357. 212K Relevant tax written-down value
  358. 212L Balance sheet value
  359. 212LA Limiting conditions
  360. 212M Unallowable purpose
  361. 212N Old and new accounting periods
  362. 212O When there is excess of allowances in pool: amount of excess
  363. 212P Effect of excess of allowances on pools
  364. 212Q When there are postponed capital allowances
  365. 212R Apportionment of proceeds of disposal of relevant plant and machinery
  366. 212S Transactions on relevant day
  367. 212T Cap on first-year allowances: zero-emission goods vehicles
  368. 212U Cap on first-year allowances: expenditure on plant and machinery for use in designated assisted areas
  369. 213 Relevant transactions: sale, hire-purchase (etc.) and assignment
  370. 214 Connected persons
  371. 215 Transactions to obtain tax advantages
  372. 216 Sale and leaseback, etc.
  373. 217 No annual investment allowance or first-year allowance for B’s expenditure
  374. 218 Restriction on B’s qualifying expenditure: section 214 or 216
  375. 218ZA Restrictions on writing-down allowances: section 215
  376. 218ZB Disposal values: section 215
  377. 218A Further restriction on annual investment allowance
  378. 219 Meaning of “finance lease”
  379. 220 Allocation of expenditure to a chargeable period
  380. 221 Meaning of “sale and finance leaseback”
  381. 222 Disposal value restricted
  382. 223 No first-year allowance for B’s expenditure
  383. 224 Restriction on B’s qualifying expenditure
  384. 225 B’s qualifying expenditure if lessor not bearing non-compliance risk
  385. 226 Qualifying expenditure limited in subsequent transactions
  386. 227 Sale and leaseback: election for special treatment
  387. 228 Effect of election: relaxation of restriction on B’s qualifying expenditure, etc.
  388. 228A Application of sections 228B and 228C
  389. 228B S's income or profits etc: deductions
  390. 228C S's income or profits: termination of leaseback
  391. 228D Lessor’s income or profits
  392. 228E Lessor’s income or profits: termination of leaseback
  393. 228F Lease and finance leaseback
  394. 228G Leaseback not accounted for as finance lease in S's accounts
  395. 228H Sections 228A to 228G: supplementary
  396. 228J Plant or machinery subject to further operating lease
  397. 228K Disposal of plant or machinery subject to lease where income retained
  398. 228L Determining the net present value of the rentals for purposes of s.228K
  399. 228M Other definitions for the purposes of s.228K
  400. 228MA Restriction of qualifying expenditure
  401. 228MB Calculation of present value
  402. 228MC Rental rebate
  403. 229 Hire-purchase etc.
  404. 229A Transfer followed by hire-purchase etc: restrictions on hirer's allowances
  405. 230 Exception for manufacturers and suppliers
  406. 231 Adjustments of assessments etc.
  407. 232 Meaning of connected person
  408. 233 Additional VAT liabilities and rebates
  409. 234 Introduction
  410. 235 Additional VAT liability treated as qualifying expenditure
  411. 236 Additional VAT liability generates first-year allowance or annual investment allowance
  412. 237 Exceptions to section 236
  413. 238 Additional VAT rebate generates disposal value
  414. 239 Limit on disposal value where additional VAT rebate
  415. 240 Additional VAT liability
  416. 241 No annual investment allowance or first-year allowance in respect of additional VAT liability
  417. 242 Restriction on B’s qualifying expenditure: general
  418. 243 Restriction on B’s qualifying expenditure: sale and finance leaseback
  419. 244 B’s qualifying expenditure if lessor not bearing non-compliance risk
  420. 245 Effect of election under section 227 on additional VAT liability
  421. 246 Miscellaneous
  422. 247 Trades
  423. 248 ...UK property businesses
  424. 249 UK furnished holiday lettings businesses
  425. 250 ... Overseas property businesses
  426. 250A EEA furnished holiday lettings businesses
  427. 251 Professions and vocations
  428. 252 Mines, transport undertakings etc.
  429. 253 Companies with investment business
  430. 254 Introductory
  431. 255 Apportionment of allowances and charges
  432. 256 Different giving effect rules for BLAGAB
  433. 257 Supplementary
  434. 258 Special leasing: income tax
  435. 259 Special leasing: corporation tax (general)
  436. 260 Special leasing: corporation tax (excess allowance)
  437. 261 Special leasing: long-term business
  438. 261A Special leasing: leasing partnerships
  439. 262 Employments and offices
  440. 262A First-year tax credits
  441. 262AA Co-ownership schemes: carrying on qualifying activity
  442. 262AB Co-ownership schemes: election
  443. 262AC Co-ownership schemes: calculation of allowance after election
  444. 262AD Co-ownership schemes: effect of election for participants
  445. 262AE Co-ownership schemes: effect of election for purchasers
  446. 262AEA Co-ownership authorised contractual schemes: withdrawal of election
  447. 262AF Co-ownership schemes: definitions relating to schemes
  448. 263 Qualifying activities carried on in partnership
  449. 264 Partnership using property of a partner
  450. 265 Successions: general
  451. 266 Election where predecessor and successor are connected persons
  452. 267 Effect of election
  453. 267A Restriction on effect of election
  454. 268 Successions by beneficiaries
  455. 268A Meaning of “car” and “motor cycle”
  456. 268B Electrically-propelled vehicles
  457. 268C Terms relating to emissions
  458. 268D Hire cars for disabled persons
  459. 268E Meaning of “assigns”
  460. 269 Use of plant or machinery for business entertainment
  461. 270 Shares in plant or machinery
  462. 270AA Structures and buildings allowances
  463. 270AB Date on which construction begins
  464. 270BA Meaning of “qualifying expenditure”
  465. 270BB Capital expenditure incurred on construction
  466. 270BC Sale of unused buildings or structures (other than by a developer)
  467. 270BD Sale by a developer: unused buildings or structures
  468. 270BE Sale by a developer: used buildings or structures
  469. 270BF Meaning of references to carrying on trade as a developer
  470. 270BG Acquisition or alteration of land etc
  471. 270BH Market value rule
  472. 270BI Provision of plant or machinery
  473. 270BJ Expenditure on renovation, conversion or incidental repairs
  474. 270BK Preparation of sites
  475. 270BL Apportionment of sums partly referable to non-qualifying assets
  476. 270BM Evidence of the amount of expenditure
  477. 270BN Expenditure incurred before qualifying activity carried on
  478. 270BNA Meaning of “special tax site qualifying expenditure”
  479. 270BNB Apportionment
  480. 270BNC Power to amend meaning of “special tax site qualifying expenditure” etc
  481. 270CA Qualifying activities
  482. 270CB Property businesses
  483. 270CC Foreign permanent establishments
  484. 270CD Companies with investment business
  485. 270CE Qualifying use
  486. 270CF Exclusion: residential use
  487. 270CG Use for the purposes of a property business
  488. 270DA General rule as to what is the relevant interest
  489. 270DB Interest acquired on completion of construction
  490. 270DC Effect of creation of subordinate interest
  491. 270DD Leases granted for 35 years or more
  492. 270DE Merger of leasehold interest
  493. 270EA Proportionate adjustment in certain cases
  494. 270EB Multiple uses
  495. 270EC Research and development
  496. 270FA Carrying on of highway undertakings
  497. 270FB The relevant interest
  498. 270FC Cases where highway concession is to be treated as extended
  499. 270GA Introduction
  500. 270GB Additional VAT liabilities
  501. 270GC Additional VAT rebates
  502. 270GD Adjustment for pre-April 2020 allowance
  503. 270HA Trades
  504. 270HB ... UK property businesses and ... overseas property businesses
  505. 270HC Professions and vocations
  506. 270HD Mines, transport undertakings etc
  507. 270HE Companies with investment business
  508. 270HF Application of sections 270HG and 270HH
  509. 270HG Apportionment of allowances
  510. 270HH Different giving effect rules for BLAGAB
  511. 270HI Supplementary
  512. 270IA Evidence of qualifying expenditure etc
  513. 270IB Anti-avoidance: general
  514. 270IC Co-ownership schemes: carrying on qualifying activity
  515. 270ID Co-ownership schemes: election
  516. 270IE Co-ownership schemes: calculation of allowance after an election
  517. 270IF Co-ownership schemes: definitions relating to schemes
  518. 270IG Treatment of leases
  519. 270IH Meaning of “lease” etc
  520. 271 Industrial buildings allowances
  521. 272 Expenditure on the construction of a building
  522. 273 Preparation of sites for plant or machinery
  523. 274 Trades and undertakings which are “qualifying trades”
  524. 275 Building used for welfare of workers
  525. 276 Parts of trades and undertakings
  526. 277 Exclusion of dwelling-houses, retail shops, showrooms, hotels and offices etc.
  527. 278 Building used by more than one licensee
  528. 279 Qualifying hotels
  529. 280 Qualifying sports pavilions
  530. 281 Commercial buildings (enterprise zones)
  531. 282 Buildings outside the United Kingdom
  532. 283 Non-industrial part of building disregarded
  533. 284 Roads on industrial estates etc.
  534. 285 Cessation of use and temporary disuse of building
  535. 286 General rule as to what is the relevant interest
  536. 287 Interest acquired on completion of construction
  537. 288 Effect of creation of subordinate interest
  538. 289 Merger of leasehold interest
  539. 290 Election to treat grant of lease exceeding 50 years as sale
  540. 291 Supplementary provisions with respect to elections
  541. 292 Meaning of “qualifying expenditure”
  542. 293 Meaning of references to carrying on a trade as a developer
  543. 294 Capital expenditure on construction of a building
  544. 295 Purchase of unused building where developer not involved
  545. 296 Purchase of building which has been sold unused by developer
  546. 297 Purchase of used building from developer
  547. 298 The time limit for qualifying enterprise zone expenditure
  548. 299 Application of section 294
  549. 300 Application of sections 295 and 296
  550. 301 Purchase of building within 2 years of first use
  551. 302 Qualifying enterprise zone expenditure where section 295 or 296 applies
  552. 303 Purchase of building within 2 years of first use
  553. 304 Application of section 303 where developer involved
  554. 305 Initial allowances for qualifying enterprise zone expenditure
  555. 306 Amount of initial allowance and period for which allowance made
  556. 307 Building not industrial building when first used etc.
  557. 308 Grants affecting entitlement to initial allowances
  558. 309 Entitlement to writing-down allowance
  559. 310 Basic rule for calculating amount of allowance
  560. 311 Calculation of allowance after sale of relevant interest
  561. 312 Allowance limited to residue of qualifying expenditure
  562. 313 Meaning of “the residue of qualifying expenditure”
  563. 313A Calculation of allowance after sale of relevant interest: anti-avoidance
  564. 314 When balancing adjustments are made
  565. 315 Main balancing events
  566. 316 Proceeds from main balancing events
  567. 317 Balancing event where hotel not qualifying hotel for 2 years
  568. 318 Building an industrial building etc. throughout
  569. 319 Building not an industrial building etc. throughout
  570. 320 Overall limit on balancing charge
  571. 321 The relevant period of ownership
  572. 322 Starting expenditure
  573. 323 Adjusted net cost
  574. 324 Net allowances
  575. 325 Balancing allowances restricted where sale subject to subordinate interest
  576. 326 Interpretation of section 325
  577. 327 Capital value provisions: application of provisions
  578. 328 Balancing adjustment on realisation of capital value
  579. 329 Capital value that is attributable to subordinate interest
  580. 330 Exception for payments more than 7 years after agreement
  581. 331 Capital value provisions: interpretation
  582. 332 Introduction
  583. 333 Writing off initial allowances
  584. 334 Writing off writing-down allowances
  585. 335 Writing off research and development allowances
  586. 336 Writing off expenditure when building not an industrial building
  587. 337 Writing off or increase of expenditure where balancing adjustment made
  588. 338 Writing off capital value which has been realised
  589. 339 Crown or other person not within the charge to tax entitled to the relevant interest
  590. 340 Treatment of demolition costs
  591. 341 Carrying on of highway undertakings
  592. 342 The relevant interest
  593. 343 Balancing adjustment on ending of concession
  594. 344 Cases where highway concession is to be treated as extended
  595. 345 Introduction
  596. 346 Additional VAT liabilities and initial allowances
  597. 347 Additional VAT liabilities and writing-down allowances
  598. 348 Additional VAT liabilities and writing off initial allowances
  599. 349 Additional VAT rebates and writing-down allowances
  600. 350 Additional VAT rebates and balancing adjustments
  601. 351 Additional VAT rebates and writing off qualifying expenditure
  602. 352 Trades
  603. 353 Lessors and licensors
  604. 354 Buildings temporarily out of use
  605. 355 Buildings for miners etc.: carry-back of balancing allowances
  606. 356 Apportionment of sums partly referable to non-qualifying assets
  607. 357 Arrangements having an artificial effect on pricing
  608. 358 Requisitioned land
  609. 359 Provisions applying on termination of lease
  610. 360 Meaning of “lease” etc.
  611. 360A Business premises renovation allowances
  612. 360B Meaning of “qualifying expenditure”
  613. 360BA Expenditure not treated as qualifying expenditure if delay in carrying out works etc
  614. 360C Meaning of “qualifying building”
  615. 360D Meaning of “qualifying business premises”
  616. 360E General rule as to what is the relevant interest
  617. 360F Interest acquired on completion of conversion
  618. 360G Initial allowances
  619. 360H Premises not qualifying business premises or relevant interest sold before premises first used or let
  620. 360I Entitlement to writing-down allowances
  621. 360J Amount of allowance
  622. 360K Meaning of “ the residue of qualifying expenditure ”
  623. 360L Grants affecting entitlement to allowances
  624. 360M When balancing adjustments are made
  625. 360N Balancing events
  626. 360O Proceeds from balancing events
  627. 360P Calculation of balancing adjustments
  628. 360Q Introduction
  629. 360R Writing off initial allowances and writing-down allowances
  630. 360S Treatment of demolition costs
  631. 360T Introduction
  632. 360U Additional VAT liabilities and initial allowances
  633. 360V Additional VAT liabilities and writing-down allowances
  634. 360W Additional VAT liabilities and writing off initial allowances
  635. 360X Additional VAT rebates and balancing adjustments
  636. 360Y Additional VAT rebates and writing off qualifying expenditure
  637. 360Z Giving effect to allowances and charges: trades
  638. 360Z1 Giving effect to allowances and charges: lessors and licensees
  639. 360Z2 Apportionment of sums partly referable to non-qualifying assets
  640. 360Z3 Provisions applying on termination of lease
  641. 360Z4 Meaning of “lease” etc.
  642. 361 Agricultural buildings allowances
  643. 362 Meaning of “husbandry”
  644. 363 Expenditure on the construction of a building
  645. 364 General rule as to what is the relevant interest
  646. 365 Effect of creation of subordinate lease
  647. 366 Interest conveyed or assigned by way of security
  648. 367 Merger of leasehold interest
  649. 368 Provisions applying on ending of lease
  650. 369 Capital expenditure on construction of agricultural building
  651. 370 Purchase of relevant interest before first use of agricultural building
  652. 371 Different relevant interests in different parts of the related agricultural land
  653. 372 Entitlement to writing-down allowance
  654. 373 Basic rule for calculating amount of allowance
  655. 374 First use of building not for purposes of husbandry, etc.
  656. 375 Effect of acquisition of relevant interest after first use of building
  657. 376 Calculation of allowance after acquisition
  658. 377 Chargeable period when balancing adjustment made
  659. 378 Allowance limited to residue of qualifying expenditure
  660. 379 Final writing-down allowance
  661. 380 When balancing adjustments are made
  662. 381 Balancing events (on making an election)
  663. 382 Requirements as to elections
  664. 383 Proceeds from balancing events
  665. 384 Exclusion of proportion of proceeds
  666. 385 Calculation of balancing adjustment
  667. 386 The residue of qualifying expenditure
  668. 387 Overall limit on balancing charge
  669. 388 Acquisition of relevant interest in part of land, etc.
  670. 389 Balancing allowances restricted where sale subject to subordinate interest etc.
  671. 390 Interpretation of section 389
  672. 391 Trades
  673. 392 UK property businesses
  674. 393 Meaning of “freehold interest”, “lease”, etc.
  675. 394 Mineral extraction allowances
  676. 395 Qualifying expenditure
  677. 396 Meaning of “mineral exploration and access”
  678. 397 Meaning of “mineral asset”
  679. 398 Relationship between main types of qualifying expenditure
  680. 399 Expenditure excluded from being qualifying expenditure
  681. 400 Qualifying expenditure on mineral exploration and access
  682. 401 Pre-trading exploration expenditure
  683. 402 Pre-trading expenditure on plant or machinery
  684. 403 Qualifying expenditure on acquiring a mineral asset
  685. 404 Exclusion of undeveloped market value of land
  686. 405 Qualifying expenditure where buildings or structures cease to be used
  687. 406 Reduction where premium relief previously allowed
  688. 407 Acquisition of mineral asset owned by previous trader
  689. 408 Acquisition of oil licence from non-trader
  690. 409 Acquisition of other assets from non-traders
  691. 410 UK oil licence: limit is original licence payment
  692. 411 Assets generally: limit is residue of previous trader’s qualifying expenditure
  693. 412 Transfers of mineral assets within group: limit is initial group expenditure
  694. 413 Transfers of mineral assets within group: supplementary
  695. 414 Expenditure on works likely to become valueless
  696. 415 Contribution to buildings or works for benefit of employees abroad
  697. 416 Non-ring fence trades: expenditure on restoration within 3 years of ceasing to trade
  698. 416ZA Ring fence trades: expenditure on site restoration
  699. 416ZB “Notional accounting period”
  700. 416ZC Site restoration services supplied by connected person
  701. 416ZD Restriction on allowance available
  702. 416ZE Allowance where site restoration undertaken for other participators in oil field
  703. 416A First-year allowances available for certain types of qualifying expenditure
  704. 416B Expenditure incurred by company for purposes of a ring fence trade
  705. 416C Time when expenditure is incurred
  706. 416D First-year allowances
  707. 416E Artificially inflated claims for first-year allowances
  708. 417 Determination of entitlement or liability
  709. 418 Amount of allowances and charges
  710. 419 Unrelieved qualifying expenditure
  711. 419A Unrelieved qualifying expenditure: entry to cash basis
  712. 420 Meaning of “disposal receipt”
  713. 421 Disposal of, or ceasing to use, asset
  714. 422 Use of asset otherwise than for permitted development etc.
  715. 423 Sections 421 and 422: amount of disposal value to be brought into account
  716. 424 Disposal value restricted in case of interest in land
  717. 425 Receipt of capital sum
  718. 426 Pre-trading expenditure
  719. 427 Giving up exploration, search or inquiry
  720. 428 Ceasing to work mineral deposits
  721. 429 Buildings etc. for benefit of employees abroad ceasing to be used
  722. 430 Disposal of asset, etc.
  723. 431 Discontinuance of trade
  724. 431A Foreign permanent establishment exemption
  725. 431B Disposal value: no allowance/no charge cases
  726. 431C Notional allowances
  727. 431D Persons leaving cash basis
  728. 432 Giving effect to allowances and charges
  729. 433 Treatment of demolition costs
  730. 434 Time when expenditure incurred
  731. 435 Shares in assets
  732. 436 Meaning of “development” etc.
  733. 437 Research and development allowances
  734. 438 Expenditure on research and development
  735. 439 Qualifying expenditure
  736. 439A Qualifying expenditure incurred for purposes of NI rate activity
  737. 440 Excluded expenditure: land
  738. 441 Allowances
  739. 442 Balancing charges
  740. 443 Disposal values and disposal events
  741. 444 Disposal events: chargeable period for which disposal value is to be brought into account
  742. 445 Costs of demolition
  743. 446 Introduction
  744. 447 Additional VAT liability treated as additional expenditure etc.
  745. 448 Additional VAT rebate generates disposal value
  746. 449 Effect on balancing charges of additional VAT rebates in earlier chargeable periods
  747. 450 Giving effect to allowances and charges
  748. 451 Sales: time of cessation of ownership
  749. 452 Know-how allowances
  750. 453 Know-how as property
  751. 454 Qualifying expenditure
  752. 455 Excluded expenditure
  753. 456 Pooling of expenditure
  754. 457 Determination of entitlement or liability
  755. 458 Amount of allowances and charges
  756. 459 Available qualifying expenditure
  757. 460 Allocation of qualifying expenditure to pools
  758. 461 Unrelieved qualifying expenditure
  759. 461A Unrelieved qualifying expenditure: entry to cash basis
  760. 462 Disposal values
  761. 462A Persons leaving cash basis
  762. 463 Giving effect to allowances and charges
  763. 464 Patent allowances
  764. 465 Future patent rights
  765. 466 Grant of licences
  766. 467 Qualifying expenditure
  767. 468 Qualifying trade expenditure
  768. 469 Qualifying non-trade expenditure
  769. 470 Pooling of expenditure
  770. 471 Determination of entitlement or liability
  771. 472 Amount of allowances and charges
  772. 473 Available qualifying expenditure
  773. 474 Allocation of qualifying expenditure to pools
  774. 475 Unrelieved qualifying expenditure
  775. 475A Unrelieved qualifying expenditure: entry to cash basis
  776. 476 Disposal value of patent rights
  777. 477 Limit on amount of disposal value
  778. 477A Persons leaving cash basis
  779. 478 Persons having qualifying trade expenditure
  780. 479 Persons having qualifying non-trade expenditure: income tax
  781. 480 Persons having qualifying non-trade expenditure: corporation tax
  782. 481 Anti-avoidance: limit on qualifying expenditure
  783. 482 Sums paid for Crown use etc. treated as paid under licence
  784. 483 Meaning of “income from patents”
  785. 484 Dredging allowances
  786. 485 Qualifying expenditure
  787. 486 Pre-trading expenditure of qualifying trades, etc.
  788. 487 Writing-down allowances
  789. 488 Balancing allowances
  790. 489 Giving effect to allowances
  791. 490 Assured tenancy allowances
  792. 491 Allowances available in relation to old expenditure only
  793. 492 Meaning of “approved body”
  794. 493 Expenditure on the construction of a building
  795. 494 Introduction
  796. 495 General rule as to what is the relevant interest in the building
  797. 496 Interest acquired on completion of construction
  798. 497 Effect of creation of subordinate interest
  799. 498 Merger of leasehold interest
  800. 499 Provisions applying on termination of lease
  801. 500 The relevant interest in the dwelling-house
  802. 501 Capital expenditure on construction
  803. 502 Purchase of unused dwelling-house where developer not involved
  804. 503 Purchase of dwelling-house sold unused by developer
  805. 504 Requirements relating to the landlord
  806. 505 Qualifying dwelling-houses: exclusions
  807. 506 Dwelling-house ceasing to be qualifying dwelling-house
  808. 507 Entitlement to writing-down allowance
  809. 508 Basic rule for calculating amount of allowance
  810. 509 Calculation of allowance after sale of relevant interest
  811. 510 Allowance limited to residue of qualifying expenditure attributable to dwelling-house
  812. 511 Qualifying expenditure attributable to dwelling-house
  813. 512 Residue of qualifying expenditure attributable to dwelling-house
  814. 513 When balancing adjustments are made
  815. 514 Balancing events
  816. 515 Proceeds from balancing events
  817. 516 Dwelling-house a qualifying dwelling-house throughout
  818. 517 Dwelling-house not a qualifying dwelling-house throughout
  819. 518 Overall limit on balancing charge
  820. 519 Recovery of old initial allowances made on incorrect assumptions
  821. 520 The relevant period of ownership
  822. 521 Starting expenditure
  823. 522 Adjusted net cost
  824. 523 Introduction
  825. 524 Writing off initial allowances
  826. 525 Writing off writing-down allowances
  827. 526 Writing off expenditure for periods when building not used as qualifying dwelling-house
  828. 527 Writing off or increase of expenditure where balancing adjustment made
  829. 528 Treatment of demolition costs
  830. 529 Giving effect to allowances and charges
  831. 530 Apportionment of sums partly referable to non-qualifying assets
  832. 531 Meaning of “dwelling-house”, “lease” etc.
  833. 532 The general rule excluding contributions
  834. 533 Exclusion of contributions to dredging
  835. 534 Northern Ireland regional development grants
  836. 535 Insurance or compensation money
  837. 536 Contributions not made by public bodies and not eligible for tax relief
  838. 537 Conditions for contribution allowances under Parts 2, 2A ... and 5
  839. 538 Plant and machinery
  840. 538A Buildings and structures
  841. 539 Industrial buildings
  842. 540 Agricultural buildings
  843. 541 Mineral extraction
  844. 542 Transfer of C’s trade ...
  845. 543 Contribution allowances under Part 9
  846. 544 Management assets
  847. 545 Investment assets
  848. 546 Introduction
  849. 547 “Additional VAT liability” and “additional VAT rebate”
  850. 548 Time when additional VAT liability or rebate is incurred or made
  851. 549 Chargeable period in which, and time when, additional VAT liability or rebate accrues
  852. 550 Apportionment of additional VAT liabilities and rebates
  853. 551 Supplementary
  854. 552 Meaning of “oil licence” and “interest in an oil licence”
  855. 553 Consideration to be treated as nil
  856. 554 Circumstances in which oil licence relates to undeveloped area
  857. 555 Disposal of oil licence with exploitation value
  858. 556 Minor definitions
  859. 557 Application of sections 558 and 559
  860. 558 Effect of partnership changes
  861. 559 Effect of successions
  862. 560 Transfer of insurance company business
  863. 560A Transfers of trade without a change of ownership
  864. 561 Transfer or division of UK business
  865. 561A Transfer of asset by reason of cross-border merger
  866. 562 Apportionment where property sold together
  867. 563 Procedure for determining certain questions affecting one or more persons
  868. 564 Questions to which procedure in section 563 applies
  869. 565 Tax agreements for income tax purposes
  870. 566 Companies not resident in the United Kingdom
  871. 567 Sales treated as being for alternative amount: introductory
  872. 568 Sales treated as being at market value
  873. 569 Election to treat sale as being for alternative amount
  874. 570 Elections: supplementary
  875. 570A Avoidance affecting proceeds of balancing event
  876. 570B Orders and regulations made by Treasury or Commissioners
  877. 571 Application of Act to parts of assets
  878. 572 References to sale of property and time of sale
  879. 573 Transfers treated as sales
  880. 573A Special tax sites
  881. 574 Meaning of “control”
  882. 575 Meaning of “connected” persons
  883. 575A Section 575: supplementary
  884. 576 Meaning of “the Inland Revenue” etc.
  885. 577 Other definitions
  886. 578 Consequential amendments
  887. 579 Commencement and transitional provisions and savings
  888. 580 Repeals
  889. 581 Citation
  890. Schedule 1 Abbreviations and defined expressions
  891. Schedule 2 Consequential amendments
  892. Schedule 3 Transitionals and savings
  893. Schedule 4 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

893 provisions

351 Additional VAT rebates and writing off qualifying expenditure

If an additional VAT rebate is made in respect of qualifying expenditure, an amount equal to the rebate is written off at the time when the rebate accrues.

Propose a change

352 Trades

(1) An allowance or charge to which a person is entitled or liable under this Part is to be given effect in calculating the profits of that person’s trade, by treating— (a) the allowance as an expense of the trade, and (b) the charge as a receipt of the trade. (2) In the case of a person who— (a) is entitled to an allowance or liable to a charge in respect of a commercial building, and (b) occupies the building in the course of a profession or vocation, the references in subsection (1) to a trade are to be read as references to the profession or vocation. (3) Subsection (1) is subject to the following provisions of this Chapter.

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353 Lessors and licensors

(1) This section applies if— (a) a person is entitled or liable to an allowance or charge for a chargeable period (“the relevant period”), but (b) his interest in the building in question is or was subject to a lease or a licence at the relevant time. (2) If the person’s interest in the building is an asset of a UK property business... carried on by him at any time in the relevant period, the allowance or charge is to be given effect in calculating the profits of that business for the relevant period, by treating— (a) the allowance as an expense of that business, and (b) the charge as a receipt of that business. (3) If the person’s interest in the building is an asset of an overseas property business carried on by him at any time in the relevant period, the allowance or charge is to be given effect in calculating the profits of the overseas property business for the relevant period, by treating— (a) the allowance as an expense of that business, and (b) the charge as a receipt of that business. (3A) If the person is within the charge to income tax in respect of the allowance or charge and his interest in the building is not an asset of any property business carried on by him at any time in the relevant period, the allowance or charge is to be given effect by treating him as if he had been carrying on a UK property business in that period and as if— (a) the allowance were an expense of that business, and (b) the charge were a receipt of that business. (4) If the person is a company within the charge to corporation tax in respect of the allowance or charge and its interest in the building is not an asset of any property business carried on by it at any time in the relevant period, the allowance or charge is to be given effect by treating the company as if it had been carrying on a UK property business in that period and as if— (a) the allowance were an expense of that business, and (b) the charge were a receipt of that business. (5) In subsection (1) “the relevant time” means— (a) in relation to an initial allowance, the time when the expenditure was incurred or any subsequent time before the building is used for any purpose; (b) in relation to a writing-down allowance, the end of the relevant period; (c) in relation to a balancing allowance or balancing charge, the time immediately before the event giving rise to the allowance or charge.

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354 Buildings temporarily out of use

(1) This section applies if a person is entitled to an allowance or liable to a charge for a chargeable period during which the building is treated as an industrial building under section 285 (building still industrial building despite temporary disuse). (2) If, when the building was last in use as an industrial building— (a) it was in use for the purposes of a trade which has since been permanently discontinued, or (b) the relevant interest in the building was subject to a lease or a licence which has since come to an end, section 353(4) applies to the person as if the relevant interest were subject to a lease or licence at the relevant time. (3) If— (a) the person is liable to a balancing charge, and (b) when the building was last in use as an industrial building, it was in use as an industrial building for the purposes of a trade which was carried on by the person but which has since been permanently discontinued, the same deductions may be made from the amount of the balancing charge as may be made under section 254 of ITTOIA 2005 or section 196 of CTA 2009 (deductions allowed in case of post-cessation receipts) from an amount chargeable to tax under Chapter 18 of Part 2 of ITTOIA 2005 or, as the case may be, under Chapter 15 of Part 3 of CTA 2009. (4) Subsection (3) does not affect the making of any deduction allowed under any other provision of the Tax Acts. (5) For the purposes of this section the permanent discontinuance of a trade does not include an event treated as a permanent discontinuance under section 577(2A) of this Act or section 18 of ITTOIA 2005 (effect of company ceasing to trade etc). (6) In this section “trade”, in relation to a commercial building, includes a profession or vocation.

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355 Buildings for miners etc.: carry-back of balancing allowances

(1) This section applies if— (a) a trade consists of or includes the working of a source of mineral deposits (within the meaning of item 7 of Table A in section 274), (b) a balancing allowance falls to be made under this Part for the last chargeable period in which the trade is carried on, (c) the event giving rise to the allowance is— (i) the source of mineral deposits ceasing to be worked, or (ii) the coming to an end of a foreign concession, (d) the allowance is made for expenditure on a building which was constructed for occupation by, or for the welfare of, persons employed at or in connection with the working of the source of mineral deposits, and (e) full effect cannot be given to the allowance because there are insufficient profits for that chargeable period. (2) If this section applies, the person entitled to the allowance may claim that the balance of the allowance is to be given for the last preceding chargeable period, and so on for other preceding chargeable periods. (2A) For income tax purposes the allowance is given effect at Step 2 of the calculation in section 23 of ITA 2007. (3) But allowances are not to be given under subsection (2) for chargeable periods amounting in total to more than 5 years; but a proportionately reduced allowance may be given for a chargeable period of which part is required to make up the 5 years. (4) In counting the 5 years, include any period for which an allowance might be made but cannot be given effect because there are insufficient profits. (5) If this section applies to a company, no allowance may be given under this section so as to create or increase a loss in any accounting period. (6) If this section applies to a company and a claim is made both under this section and under section 37 of CTA 2010 (relief for company trading losses)— (a) effect is to be given to the claim under that section before this section is applied, and (b) for the purposes of giving effect to the claim under that section, the allowance for which the claim under this section is made is to be disregarded.

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356 Apportionment of sums partly referable to non-qualifying assets

(1) If the sum paid for the sale of the relevant interest in a building is attributable— (a) partly to assets representing expenditure for which an allowance can be made under this Part, and (b) partly to assets representing other expenditure, only so much of the sum as on a just and reasonable apportionment is attributable to the assets referred to in paragraph (a) is to be taken into account for the purposes of this Part. (2) Subsection (1) applies to other proceeds from a balancing event in respect of a building as it applies to a sum given for the sale of the relevant interest in the building. (3) Subsection (1) does not affect any other provision of this Act requiring an apportionment of the proceeds of a balancing event.

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357 Arrangements having an artificial effect on pricing

(1) If— (a) the relevant interest in a building is sold, (b) related arrangements have been entered into, at or before the time when the sale price is fixed, which had the effect at that time of enhancing the value of the relevant interest, and (c) the arrangements contain a provision which has an artificial effect on pricing (see subsection (4)), the sum paid on the sale of the relevant interest is to be treated for the purposes of arriving at qualifying expenditure as reduced to what it would have been if the arrangements had not contained the provision having that artificial effect. (2) If— (a) qualifying expenditure is equal to a price paid on a sale of the relevant interest in a building, (b) related arrangements have been entered into, at or before the time when the sale price is fixed, which had the effect at that time of enhancing the value of the relevant interest, and (c) the arrangements contain a provision which has an artificial effect on pricing, the proceeds from any balancing event subsequently occurring in relation to the building are to be treated for the purposes of this Part as reduced to what they would have been if the arrangements had not contained the provision having that artificial effect. (3) “Related arrangements” means arrangements between two or more persons which relate— (a) to an interest in or right over the building, or (b) to other arrangements made with respect to such an interest or right; and for this purpose it is immaterial whether the interest or right in question is granted by the person entitled to the relevant interest or another person. (4) Arrangements contain a provision having an artificial effect on pricing to the extent that they go beyond what could reasonably have been regarded as required in comparable commercial transactions by the market conditions prevailing when the arrangements were entered into. (5) “Comparable commercial transactions” means transactions— (a) involving interests in or rights over buildings of the same kind as (or of a similar kind to) the building to which the arrangements relate, and (b) made by persons dealing with each other at arm’s length in the open market.

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358 Requisitioned land

(1) This section applies in relation to any period (“period of requisition”) for which compensation— (a) is payable, or (b) but for any agreement would be payable, under section 2(1)(a) of the Compensation (Defence) Act 1939 (c. 75). (2) This Part has effect in relation to the period of requisition as if the Crown had been in possession of the land for that period under a lease. (3) If a person carrying on a trade is authorised by the Crown to occupy the land (or part of it) during the whole or a part of the period of requisition, this Part has effect as if the Crown had granted a sub-lease of the land (or that part of it) to the occupier. (4) If subsection (2) or (3) applies, references in this Part to— (a) the surrender of a leasehold interest, (b) a leasehold interest being extinguished on the person entitled to it acquiring the interest which is reversionary on it, or (c) the merger of a leasehold interest, apply (with the necessary modifications) in relation to the lease under subsection (2) or the sub-lease under subsection (3). (5) If the person who (subject to the rights of the Crown) is entitled to possession of the land pays any sum to— (a) the Crown, or (b) if subsection (3) applies, the occupier, in respect of a building constructed on the land during the period of requisition, the sum is to be treated for the purposes of this Part as paid in consideration of the surrender of the lease or sub-lease (as the case may be).

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359 Provisions applying on termination of lease

(1) This section applies for the purposes of this Part if a lease is terminated. (2) If, with the consent of the lessor, the lessee of a building remains in possession of the building after the termination without a new lease being granted to him the lease is treated as continuing so long as the lessee remains in possession. (3) If on the termination a new lease is granted to the lessee as a result of the exercise of an option available to him under the terms of the first lease, the second lease is treated as a continuation of the first. (4) If on the termination the lessor pays a sum to the lessee in respect of a building comprised in the lease, the lease is treated as if it had come to an end by surrender in consideration of the payment. (5) If on the termination— (a) another lease is granted to a different lessee, and (b) in connection with the transaction that lessee pays a sum to the person who was the lessee under the first lease, the two leases are to be treated as if they were the same lease which had been assigned by the lessee under the first lease to the lessee under the second lease in consideration of the payment.

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360 Meaning of “lease” etc.

(1) In this Part “lease” includes— (a) an agreement for a lease if the term to be covered by the lease has begun, and (b) any tenancy, but does not include a mortgage (and “lessee”, “lessor” and “leasehold interest” are to be read accordingly). (2) In the application of this Part to Scotland— (a) “leasehold interest” (or “leasehold estate”) means the interest of a tenant in property subject to a lease, and (b) any reference to an interest which is reversionary on a leasehold interest or on a lease is to be read as a reference to the interest of the landlord in the property subject to the leasehold interest or lease.

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360A Business premises renovation allowances

(1) Allowances are available under this Part if a person incurs qualifying expenditure in respect of a qualifying building. (2) Allowances under this Part are made to the person who— (a) incurred the expenditure, and (b) has the relevant interest in the qualifying building.

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360B Meaning of “qualifying expenditure”

(1) In this Part “qualifying expenditure” means capital expenditure incurred before the expiry date— (a) in respect of which Conditions A and B are met, and (b) which is not excluded by subsection (3), (3B) or (3D). (2) In subsection (1) “ the expiry date ” means— (a) the fifth anniversary of the day appointed under section 92 of FA 2005, or (b) such later date as the Treasury may prescribe by regulations. (2A) Condition A is that the expenditure is incurred on— (a) the conversion of a qualifying building into qualifying business premises, (b) the renovation of a qualifying building if it is or will be qualifying business premises, or (c) repairs to a qualifying building or, where the building is part of a building, to the building of which the qualifying building forms part, to the extent that the repairs are incidental to expenditure within paragraph (a) or (b). (2B) Condition B is that the expenditure is incurred on— (a) building works, (b) architectural or design services, (c) surveying or engineering services, (d) planning applications, or (e) statutory fees or statutory permissions. (2C) But Condition B is treated as met in respect of expenditure incurred on matters not mentioned in that Condition to the extent that that expenditure (in total) does not exceed 5% of the qualifying expenditure incurred on the matters mentioned in subsection (2B)(a) to (c). (3) Expenditure is excluded if it is incurred on or in connection with— (a) the acquisition of land or rights in or over land, (b) the extension of a qualifying building (except to the extent required for the purpose of providing a means of getting to or from qualifying business premises), (c) the development of land adjoining or adjacent to a qualifying building, or (d) the provision of plant and machinery, other than plant or machinery which is or becomes a fixture (as defined by section 173(1)) and falls within subsection (3A). (3A) The fixtures which fall within this subsection are— (a) integral features within the meaning of section 33A (taking account of section 33A(6) and any provision for the time being made under section 33A(7)) or part of such a feature; (b) automatic control systems for opening and closing doors, windows and vents; (c) window cleaning installations; (d) fitted cupboards and blinds; (e) protective installations such as lightning protection, sprinkler and other equipment for containing or fighting fires, fire alarm systems and fire escapes; (f) building management systems; (g) cabling in connection with telephone, audio-visual data installations and computer networking facilities, which are incidental to the occupation of the building; (h) sanitary appliances, and bathroom fittings which are hand driers, counters, partitions, mirrors or shower facilities; (i) kitchen and catering facilities for producing and storing food and drink for the occupants of the building; (j) signs; (k) public address systems; (l) intruder alarm systems. (3B) Expenditure is excluded if, and to the extent that, it exceeds the market value amount for the works, services or other matters to which it relates. (3C) “The market value amount” means the amount of expenditure which it would have been normal and reasonable to incur on the works, services or other matters— (a) in the market conditions prevailing when the expenditure was incurred, and (b) assuming the transaction as a result of which the expenditure was incurred was between persons dealing with each other at arm's length in the open market. (3D) Expenditure is excluded if the qualifying building was used at any time during the period of 12 months ending with the day on which the expenditure is incurred. (4) For the purposes of this section, expenditure incurred on repairs to a building is to be treated as capital expenditure if it is not expenditure that would be allowed to be deducted in calculating the profits of a property business, or of a trade, profession or vocation, for tax purposes. (5) The Treasury may by regulations — (a) amend this section so as to add a description of fixture to the list in subsection (3A), or vary or remove a description of fixture in that list; (b) make further provision as to expenditure which is, or is not, qualifying expenditure.

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360BA Expenditure not treated as qualifying expenditure if delay in carrying out works etc

(1) This section applies where— (a) (ignoring this section) qualifying expenditure is incurred on works, services or other matters in a chargeable period, and (b) those works, services or other matters are not completed or provided before the end of the period of 36 months beginning with the date the expenditure was incurred. (2) To the extent that it relates to so much of those works, services or other matters as are not completed or provided before the end of that period, the expenditure is to be treated for the purposes of this Part as never having been incurred (unless and until subsection (6) applies). (3) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (2). (4) If a person who has made a tax return becomes aware that, after making it, anything in it has become incorrect because of the operation of this section, the person must give notice to an officer of Revenue and Customs specifying how the return needs to be amended. (5) The notice must be given within 3 months beginning with the day on which the person first became aware that anything in the return had become incorrect because of the operation of this section. (6) If, at any time after the end of the period mentioned in subsection (1)(b), those works, services or other matters are completed or provided, the expenditure to which subsection (2) applies is to be treated for the purposes of this Part as incurred at that time.

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360C Meaning of “qualifying building”

(1) In this Part “ qualifying building ”, in relation to any conversion or renovation work, means any building or structure, or part of a building or structure, which— (a) is situated in an area which, on the date on which the conversion or renovation work began, was a disadvantaged area, (b) was unused throughout the period of one year ending immediately before that date, (c) on that date, had last been used— (i) for the purposes of a trade, profession or vocation, or (ii) as an office or offices (whether or not for the purposes of a trade, profession or vocation), (d) on that date, had not last been used as, or as part of, a dwelling, and (e) in the case of part of a building or structure, on that date had not last been occupied and used in common with any other part of the building or structure other than a part— (i) as respects which the condition in paragraph (b) is met, or (ii) which had last been used as a dwelling. (2) In this section “ disadvantaged area ” means— (a) an area designated as a disadvantaged area for the purposes of this section by regulations made by the Treasury, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Regulations under subsection (2)(a) may— (a) designate specified areas as disadvantaged areas, or (b) provide for areas of a description specified in the regulations to be designated as disadvantaged areas. (4) If regulations under subsection (2)(a) so provide, the designation of an area as a disadvantaged area shall have effect for such period as may be specified in or determined in accordance with the regulations. (5) Regulations under subsection (2)(a) may— (a) make different provision for different cases, and (b) contain such incidental, supplementary, consequential or transitional provision as appears to the Treasury to be necessary or expedient. (6) Where a building or structure (or part of a building or structure) which would otherwise be a qualifying building is on the date mentioned in subsection (1)(a) situated partly in a disadvantaged area and partly outside it, only so much of the expenditure incurred in accordance with section 360B as, on a just and reasonable apportionment, is attributable to the part of the building or structure located in the disadvantaged area is to be treated as qualifying expenditure. (7) The Treasury may by regulations make further provision as to the circumstances in which a building or structure or part of a building or structure is, or is not, a qualifying building.

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360D Meaning of “qualifying business premises”

(1) In this Part “ qualifying business premises ” means any premises in respect of which the following requirements are met— (a) the premises must be a qualifying building, (b) the premises must be used, or available and suitable for letting for use,— (i) for the purposes of a trade, profession or vocation, or (ii) as an office or offices (whether or not for the purposes of a trade, profession or vocation), (c) the premises must not be used, or available for use as, or as part of, a dwelling. (2) In this section “ premises ” means any building or structure or part of a building or structure. (3) For the purposes of this Part, if premises are qualifying business premises immediately before a period when they are temporarily unsuitable for use for the purposes mentioned in subsection (1)(b), they are to be treated as being qualifying business premises during that period. (4) The Treasury may by regulations make further provision as to the circumstances in which premises are, or are not, qualifying business premises.

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360E General rule as to what is the relevant interest

(1) The relevant interest in a qualifying building in relation to any qualifying expenditure is the interest in the qualifying building to which the person who incurred the qualifying expenditure was entitled when it was incurred. (2) Subsection (1) is subject to the following provisions of this Chapter and to section 360Z3 (provisions applying on termination of lease). (3) If— (a) the person who incurred the qualifying expenditure was entitled to more than one interest in the qualifying building when the expenditure was incurred, and (b) one of those interests was reversionary on all the others, the reversionary interest is the relevant interest in the qualifying building. (4) An interest does not cease to be the relevant interest merely because of the creation of a lease or other interest to which that interest is subject. (5) If— (a) the relevant interest is a leasehold interest, and (b) that interest is extinguished on the person entitled to it acquiring the interest which is reversionary on it, the interest into which the leasehold interest merges becomes the relevant interest when the leasehold interest is extinguished.

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360F Interest acquired on completion of conversion

For the purposes of determining the relevant interest in a qualifying building, a person who— (a) incurs expenditure on the conversion of a qualifying building into qualifying business premises, and (b) is entitled to an interest in the qualifying building on or as a result of the completion of the conversion, is treated as having had that interest when the expenditure was incurred.

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360G Initial allowances

(1) A person who has incurred qualifying expenditure in respect of any qualifying building is entitled to an initial allowance in respect of the expenditure. (2) The amount of the initial allowance is 100% of the qualifying expenditure. (3) A person claiming an initial allowance under this section may require the allowance to be reduced to a specified amount. (4) The initial allowance is made for the chargeable period in which the qualifying expenditure is incurred.

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360H Premises not qualifying business premises or relevant interest sold before premises first used or let

(1) No initial allowance is to be made under section 360G if, at the relevant time, the qualifying building does not constitute qualifying business premises. (2) An initial allowance which has been made in respect of a qualifying building which is to be qualifying business premises is to be withdrawn if— (a) the qualifying building does not constitute qualifying business premises at the relevant time, or (b) the person to whom the allowance was made has sold the relevant interest in the qualifying building before the relevant time. (3) All such assessments and adjustments of assessments are to be made as are necessary to give effect to this section. (4) In this section “ the relevant time ” means the time when the premises are first used by the person with the relevant interest or, if they are not so used, the time when they are first suitable for letting for either of the purposes mentioned in section 360D(1)(b).

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360I Entitlement to writing-down allowances

(1) A person is entitled to a writing-down allowance for a chargeable period if he has incurred qualifying expenditure in respect of a qualifying building and, at the end of the chargeable period— (a) the person is entitled to the relevant interest in the qualifying building, (b) the person has not granted a long lease of the qualifying building out of the relevant interest in consideration of the payment of a capital sum, and (c) the qualifying building constitutes qualifying business premises. (2) In subsection (1)(b) “ long lease ” means a lease the duration of which exceeds 50 years. (3) Whether the duration of a lease exceeds 50 years is to be determined— (a) in accordance with section 303 of ITTOIA 2005, and (b) without regard to section 360Z3(3) of this Act (new lease granted as a result of the exercise of an option treated as continuation of old lease). (4) A person claiming a writing-down allowance may require the allowance to be reduced to a specified amount.

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360J Amount of allowance

(1) The writing-down allowance for a chargeable period is 25% of the qualifying expenditure. (2) The allowance is proportionately increased or reduced if the chargeable period is more or less than a year. (3) The amount of the writing-down allowance for a chargeable period is limited to the residue of qualifying expenditure. (4) For this purpose the residue is ascertained immediately before writing off the writing-down allowance at the end of the chargeable period.

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360K 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 9.

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360L Grants affecting entitlement to allowances

(1) No initial allowance or writing-down allowance under this Part is to be made in respect of qualifying expenditure in respect of a qualifying building if a relevant grant or relevant payment is made towards— (a) that expenditure, or (b) any other expenditure which is incurred by any person in respect of the same building, and on the same single investment project as that expenditure. (2) An initial allowance or writing-down allowance made in respect of qualifying expenditure is to be withdrawn if— (a) after it is made, a relevant grant or relevant payment is made towards that expenditure, or (b) within the period of 3 years beginning when that expenditure was incurred, a relevant grant or relevant payment is made towards any other expenditure which is incurred by any person in respect of the same building, and on the same single investment project, as that expenditure. (3) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (2). (4) If a person who has made a return becomes aware that, after making it, anything in it has become incorrect because of the operation of this section, that person must give notice to an officer of Revenue and Customs specifying how the return needs to be amended. (5) The notice must be given within 3 months beginning with the day on which the person first became aware that anything in the return had become incorrect because of the operation of this section. (6) In this section— “General Block Exemption Regulation” means Commission Regulation (EU) No 651/2014 (General block exemption Regulation) as it had effect in the United Kingdom immediately before IP completion day; “relevant grant or relevant payment” means a grant or payment which is— a State aid, other than an allowance under this Part, or a grant or subsidy, other than a State aid, which the Treasury by order declares to be relevant for the purposes of the withholding of allowances under this Part; “single investment project” has the same meaning as in the General Block Exemption Regulation. (7) Nothing in this section limits references to “State aid” to State aid which is required to be notified to and approved by the European Commission. (8) The Treasury may by order amend this section to make provision consequential upon the General Block Exemption Regulation being replaced by another instrument.

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360M When balancing adjustments are made

(1) A balancing adjustment is made if— (a) qualifying expenditure has been incurred in respect of a qualifying building, and (b) a balancing event occurs. (2) A balancing adjustment is either a balancing allowance or a balancing charge and is made for the chargeable period in which the balancing event occurs. (3) A balancing allowance or balancing charge is made to or on the person who incurred the qualifying expenditure. (4) No balancing adjustment is made if the balancing event occurs more than 5 years after the time when the premises were first used, or suitable for letting, for either of the purposes mentioned in section 360D(1)(b). (5) If more than one balancing event within section 360N occurs, a balancing adjustment is made only on the first of them.

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360N Balancing events

(1) The following are balancing events for the purposes of this Part— (a) the relevant interest in the qualifying building is sold; (b) a long lease of the qualifying building is granted out of the relevant interest in consideration of the payment of a capital sum; (c) if the relevant interest is a lease, the lease ends otherwise than on the person entitled to it acquiring the interest reversionary on it; (d) the person who incurred the qualifying expenditure dies; (e) the qualifying building is demolished or destroyed; (f) the qualifying building ceases to be qualifying business premises (without being demolished or destroyed). (2) Section 360I(2) and (3) (meaning of “long lease”) applies for the purposes of subsection (1)(b).

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360O Proceeds from balancing events

(1) References in this Part to the proceeds from a balancing event are to the amounts received or receivable in connection with the event, as shown in the Table— TABLE: BALANCING EVENTS AND PROCEEDS 1 Balancing Event | 2 Proceeds from event 1 The sale of the relevant interest. | The net proceeds of the sale. 2 The grant of a long lease out of the relevant interest. | If the capital sum paid in consideration of the grant is less than the commercial premium, the commercial premium. In any other case, the capital sum paid in consideration of the grant. 3 The coming to an end of a lease, where a person entitled to the lease and a person entitled to any superior interest are connected persons. | The market value of the relevant interest in the qualifying building at the time of the event. 4 The death of the person who incurred the qualifying expenditure. | The residue of qualifying expenditure immediately before the death. 5 The demolition or destruction of the qualifying building. | The net amount received for the remains of the qualifying building, together with any insurance money received in respect of the demolition or destruction, and any other compensation of any description so received, so far as it consists of capital sums. 6 The qualifying building ceases to be qualifying business premises. | The market value of the relevant interest in the qualifying building at the time of the event. (2) The amounts referred to in column 2 of the Table are those received or receivable by the person who incurred the qualifying expenditure. (3) In Item 2 of the Table “ the commercial premium ” means the premium that would have been given if the transaction had been at arm's length.

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360P Calculation of balancing adjustments

(1) A balancing allowance is made if— (a) there are no proceeds from the balancing event, or (b) the proceeds from the balancing event are less than the residue of qualifying expenditure immediately before the event. (2) The amount of the balancing allowance is the amount of— (a) the residue (if there are no proceeds); (b) the difference (if the proceeds are less than the residue). (3) A balancing charge is made if the proceeds from the balancing event are more than the residue, if any, of qualifying expenditure immediately before the event. (4) The amount of the balancing charge is the amount of— (a) the difference, or (b) the proceeds (if the residue is nil). (5) The amount of a balancing charge made on a person must not exceed the total amount of— (a) any initial allowances made to the person in respect of the expenditure, and (b) any writing-down allowances made to the person in respect of the expenditure for chargeable periods ending on or before the date of the balancing event giving rise to the balancing adjustment.

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360Q Introduction

For the purposes of this Part qualifying expenditure is written off to the extent and at the times specified in this Chapter.

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360R Writing off initial allowances and writing-down allowances

(1) If an initial allowance is made in respect of the qualifying expenditure, the amount of the allowance is written off at the time when the qualifying business premises are first used, or suitable for letting for use, for either of the purposes mentioned in section 360D(1)(b). (2) If a writing-down allowance is made in respect of the qualifying expenditure, the amount of the allowance is written off at the end of the chargeable period for which the allowance is made. (3) If a balancing event occurs at the end of the chargeable period referred to in subsection (2), the amount written off under that subsection is to be taken into account in calculating the residue of qualifying expenditure immediately before the event to determine what balancing adjustment (if any) is to be made.

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360S Treatment of demolition costs

(1) This section applies if— (a) a qualifying building is demolished, and (b) the person who incurred the qualifying expenditure incurs the cost of the demolition. (2) The net cost of the demolition is added to the residue of qualifying expenditure immediately before the demolition. (3) “ The net cost of the demolition ” means the amount, if any, by which the cost of the demolition exceeds any money received for the remains of the qualifying building. (4) If this section applies, neither the cost of the demolition nor the net cost of the demolition is treated for the purposes of any Part of this Act as expenditure on any other property replacing the qualifying building demolished.

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360T Introduction

For the purposes of this Chapter— (a) “ additional VAT liability ” and “ additional VAT rebate ” have the meanings given by section 547, (b) the time when— (i) a person incurs an additional VAT liability, or (ii) an additional VAT rebate is made to a person, is given by section 548, and (c) the chargeable period in which, and the time when, an additional VAT liability or an additional VAT rebate accrues are given by section 549.

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360U Additional VAT liabilities and initial allowances

(1) This section applies if— (a) a person was entitled to an initial allowance under this Part in respect of qualifying expenditure on a qualifying building, (b) that person incurs an additional VAT liability in respect of that expenditure, and (c) the additional VAT liability is incurred at a time when the qualifying building is, or is about to be, qualifying business premises. (2) If this section applies, the person entitled to the relevant interest is entitled to an initial allowance on the amount of the additional VAT liability. (3) The amount of the initial allowance is 100% of the amount of the additional VAT liability. (4) A person claiming an initial allowance under this section may require the allowance to be reduced to a specified amount. (5) The allowance is made for the chargeable period in which the additional VAT liability accrues.

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360V Additional VAT liabilities and writing-down allowances

(1) This section applies if the person entitled to the relevant interest in relation to qualifying expenditure incurs an additional VAT liability in respect of that expenditure. (2) If this section applies— (a) the additional VAT liability is treated as qualifying expenditure, and (b) the amount of the residue of qualifying expenditure is accordingly increased at the time when the liability accrues by the amount of the liability.

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360W Additional VAT liabilities and writing off initial allowances

If an initial allowance is made in respect of an additional VAT liability incurred after the qualifying business premises are first used or suitable for letting for business use, the amount of the allowance is written off at the time when the liability accrues.

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360X Additional VAT rebates and balancing adjustments

(1) If an additional VAT rebate is made in respect of qualifying expenditure to the person entitled to the relevant interest in relation to that qualifying expenditure— (a) the making of the rebate is a balancing event for the purposes of this Part, but (b) the making of balancing adjustments as a result of the event is subject to subsections (2) and (3). (2) No balancing allowance is to be made as a result of the event. (3) A balancing charge is not to be made as a result of the event unless— (a) the amount of the additional VAT rebate is more than the amount of the residue of qualifying expenditure immediately before the time when the rebate accrues, or (b) there is no such residue. (4) The amount of the balancing charge is— (a) the amount of the difference, or (b) the amount of the rebate (if there is no residue).

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360Y Additional VAT rebates and writing off qualifying expenditure

If an additional VAT rebate is made in respect of qualifying expenditure, an amount equal to the rebate is written off at the time when the rebate accrues.

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360Z Giving effect to allowances and charges: trades

(1) An allowance or charge to which a person is entitled or liable under this Part is to be given effect in calculating the profits of that person's trade, by treating— (a) the allowance as an expense of the trade, and (b) the charge as a receipt of the trade. (2) In the case of a person who— (a) is entitled to an allowance or liable to a charge in respect of a qualifying building, and (b) occupies that building in the course of a profession or vocation, the references in subsection (1) to a trade are to be read as references to the profession or vocation. (3) Subsection (1) is subject to— (a) section 6E (giving effect to allowances and charges: NI rate activity cases), and (b) the following provisions of this Chapter. (4) If a company or partnership is as a result of section 6D (NI rate activity treated as separate trade) treated for the purposes of this Act as carrying on two separate trades, the question of whether an allowance or charge relates to the NI rate activity or the main rate activity is to be determined by reference to the purposes for which the qualifying building is used. (5) If the qualifying building is used both for the purposes of the NI rate activity and for the purposes of the main rate activity, allowances and charges are to be apportioned on a just and reasonable basis between the trade consisting of the NI rate activity and the trade consisting of the main rate activity, according to the proportion of use for the purposes of the NI rate activity. (6) In this section “main rate activity” means an activity other than an NI rate activity.

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360Z1 Giving effect to allowances and charges: lessors and licensees

(1) This section applies if— (a) a person is entitled or liable to an allowance or charge under this Part for a chargeable period (“ the relevant period ”), but (b) his interest in the building in question is or was subject to a lease or a licence at any time in that period. (2) If the person's interest in the building is an asset of a property business carried on by him at any time in the relevant period, the allowance or charge is to be given effect in calculating the profits of that business for the relevant period by treating— (a) the allowance as an expense of that business, and (b) the charge as a receipt of that business. (3) If the person's interest in the building is not an asset of a property business carried on by him at any time in the relevant period, the allowance or charge is to be given effect by treating him as if he had been carrying on a property business in that period and as if— (a) the allowance were an expense of that business, and (b) the charge were a receipt of that business.

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360Z2 Apportionment of sums partly referable to non-qualifying assets

(1) If the sum paid for the sale of the relevant interest in a qualifying building is attributable— (a) partly to assets representing expenditure for which an allowance can be made under this Part, and (b) partly to assets representing other expenditure, only so much of the sum as on a just and reasonable apportionment is attributable to the assets referred to in paragraph (a) is to be taken into account for the purposes of this Part. (2) Subsection (1) applies to other proceeds from a balancing event in respect of a qualifying building as it applies to a sum given for the sale of the relevant interest in the qualifying building. (3) Subsection (1) does not affect any other provision of this Act requiring an apportionment of the proceeds of a balancing event.

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360Z3 Provisions applying on termination of lease

(1) This section applies for the purposes of this Part if a lease is terminated. (2) If, with the consent of the lessor, the lessee of the qualifying building remains in possession of the qualifying building after the termination without a new lease being granted to him, the lease is treated as continuing so long as the lessee remains in possession. (3) If on the termination a new lease is granted to a lessee as a result of the exercise of an option available to him under the terms of the first lease, the second lease is treated as a continuation of the first. (4) If on the termination the lessor pays a sum to the lessee in respect of business premises comprised in the lease, the lease is treated as if it had come to an end by surrender in consideration of the payment. (5) If on the termination— (a) another lease is granted to a different lessee, and (b) in connection with the transaction that lessee pays a sum to the person who was the lessee under the first lease, the two leases are to be treated as if they were the same lease which had been assigned by the lessee under the first lease to the lessee under the second lease in consideration of the payment.

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