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

30 Safety at designated sports grounds

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31 Safety at regulated stands at sports grounds

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32 Safety at other sports grounds

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33 Personal security

(1) This section applies to expenditure if— (a) it is incurred by an individual or partnership of individuals in connection with the provision for, or for use by, the individual, or any of the individuals, of a security asset, (b) the individual or partnership is carrying on a relevant qualifying activity, and (c) the special threat conditions are met. (2) The special threat conditions are that— (a) the asset is provided or used to meet a threat which— (i) is a special threat to the individual’s personal physical security, and (ii) arises wholly or mainly because of the relevant qualifying activity, and (b) the person incurring the expenditure— (i) has the sole object of meeting that threat in incurring that expenditure, and (ii) intends the asset to be used solely to improve personal physical security. (3) If— (a) the person incurring the expenditure intends the asset to be used solely to improve personal physical security, but (b) there is another use which is incidental to improving personal physical security, that other use is ignored for the purposes of this section. (4) The fact that an asset improves the personal physical security of any member of the family or household of the individual concerned, as well as that of the individual, does not prevent this section from applying. (5) If— (a) the asset is not intended to be used solely to improve personal physical security, but the expenditure incurred on it would otherwise be expenditure to which this section applies, and (b) the person incurring the expenditure intends the asset to be used partly to improve personal physical security, this section applies only to the proportion of the expenditure attributable to the intended use to improve personal physical security. (6) In this section “security asset” means an asset which improves personal security; and here “asset”— (a) does not include— (i) a car, ship or aircraft, or (ii) a dwelling or grounds appurtenant to a dwelling, but (b) subject to paragraph (a), includes equipment, a structure (such as a wall) and an asset which becomes fixed to land. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this section “relevant qualifying activity” means a qualifying activity consisting of— (a) a trade, (b) a UK property business, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) an ... overseas property business, ... (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) a profession or vocation.

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33A Expenditure on provision or replacement of integral features

(1) This section applies where a person carrying on a qualifying activity incurs expenditure on the provision or replacement of an integral feature of a building or structure used by the person for the purposes of the qualifying activity. (2) This Part (including in particular section 11(4)) applies as if— (a) the expenditure were capital expenditure on the provision of plant or machinery for the purposes of the qualifying activity, and (b) the person who incurred the expenditure owned plant or machinery as a result of incurring it. (3) If the expenditure is qualifying expenditure, it may not be deducted in calculating the income from the qualifying activity. (4) If the expenditure is not qualifying expenditure, whether it may be so deducted is to be determined without regard to this section. (5) For the purposes of this section each of the following is an integral feature— (a) an electrical system (including a lighting system), (b) a cold water system, (c) a space or water heating system, a powered system of ventilation, air cooling or air purification, and any floor or ceiling comprised in such a system, (d) a lift, an escalator or a moving walkway, (e) external solar shading. (6) The items listed in subsection (5) do not include any asset whose principal purpose is to insulate or enclose the interior of a building or to provide an interior wall, floor or ceiling which (in each case) is intended to remain permanently in place. (7) The Treasury may by order— (a) provide that subsection (5) does not include a feature of a building or structure specified in the order, expenditure on which would (if not within subsection (5)) be qualifying expenditure other than special rate expenditure, and (b) add to the list in subsection (5) a feature of a building or structure expenditure on the provision of which would not (apart from the order) be expenditure on the provision of plant or machinery. (8) An order under subsection (7) may make such incidental, supplemental, consequential and transitional provision as the Treasury thinks fit.

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33B Meaning of “replacement” in section 33A

(1) Expenditure to which this section applies is to be treated for the purposes of section 33A as expenditure on the replacement of an integral feature. (2) This section applies to expenditure incurred by a person on an integral feature if the amount of the expenditure is more than 50% of the cost of replacing the integral feature at the time the expenditure is incurred. (3) Subsection (4) applies where— (a) a person incurs expenditure (“initial expenditure”) on an integral feature which is not more than 50% of the cost of replacing the integral feature at the time it is incurred, but (b) in the period of 12 months beginning with the initial expenditure being incurred the person incurs further expenditure on the integral feature. (4) If the aggregate of— (a) the amount of the initial expenditure, and (b) the amount (or the aggregate of the amounts) of the further expenditure, is more than 50% of the cost of replacing the integral feature at the time the initial expenditure was incurred, this section applies to the initial expenditure and the further expenditure. (5) Where section 33A applies because of subsection (4), all such assessments and adjustments of assessments are to be made as are necessary to give effect to that section.

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34 Expenditure by MPs and others on accommodation

(1) Expenditure is not qualifying expenditure if it is incurred by— (a) a member of the House of Commons, (b) a member of the Scottish Parliament, (c) a member of the National Assembly for Wales, or (d) a member of the Northern Ireland Assembly, in or in connection with the provision or use of residential or overnight accommodation for the purpose given in subsection (2). (2) The purpose is enabling the member to perform the duties of a member of the body in or about— (a) the place where the body sits, or (b) the constituency or region for which the member has been returned.

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34A Expenditure on plant or machinery for long funding leasing not qualifying expenditure

Expenditure is not qualifying expenditure if it is incurred on the provision of plant or machinery for leasing under a long funding lease (see Chapter 6A).

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35 Expenditure on plant or machinery for use in dwelling-house not qualifying expenditure in certain cases

(1) This section applies if a person is carrying on a qualifying activity consisting of— (a) a UK property business, (b) an ... overseas property business, or (c) special leasing of plant or machinery. (2) The person’s expenditure is not qualifying expenditure if it is incurred in providing plant or machinery for use in a dwelling-house. (3) If plant or machinery is provided partly for use in a dwelling-house and partly for other purposes, such apportionment of the expenditure incurred in providing that plant or machinery is to be made for the purposes of subsection (2) as is just and reasonable.

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36 Restriction on qualifying expenditure in case of employment or office

(1) Where the qualifying activity consists of an employment or office— (a) expenditure on the provision of a mechanically propelled road vehicle, or a cycle, is not qualifying expenditure, and (b) other expenditure is qualifying expenditure only if the plant or machinery is necessarily provided for use in the performance of the duties of the employment or office. (2) In this section “ cycle ” has the meaning given by section 192(1) of the Road Traffic Act 1988.

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37 Exclusion where sums payable in respect of depreciation

(1) Expenditure incurred by a person in providing plant or machinery for the purposes of a qualifying activity is not qualifying expenditure if it appears— (a) that during the period during which the plant or machinery will be used for the purposes of the qualifying activity sums are, or are to be, payable to that person directly or indirectly, and (b) that those sums are in respect of, or take account of, the whole of the depreciation of the plant or machinery resulting from its use for those purposes. (2) Subsection (1) does not apply if the sums fall to be taken into account as income of the person or in calculating the profits of a qualifying activity carried on by him.

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38 Production animals etc.

Expenditure is not qualifying expenditure if it is incurred on— (a) animals or other creatures to which section 30 of ITTOIA 2005 or section 50 of CTA 2009 (animals kept for trade purposes) applies, (b) animals or other creatures to which Chapter 8 of Part 2 of ITTOIA 2005 or Chapter 8 of Part 3 of CTA 2009 (herd basis rules) applies, or (c) shares in animals or creatures such as are mentioned in paragraph (a) or (b).

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38ZA Vehicles for which deductions allowed at fixed rate under Part 2 of ITTOIA 2005

Expenditure is not qualifying expenditure if— (a) it is incurred in respect of a vehicle in a period, and (b) a deduction is made for the period in respect of the expenditure under section 94D of ITTOIA 2005 (deduction allowable at fixed rate for expenditure on vehicles).

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38A AIA qualifying expenditure

(1) An annual investment allowance is not available unless the qualifying expenditure is AIA qualifying expenditure. (2) Expenditure is AIA qualifying expenditure if— (a) it is incurred by a qualifying person on or after the relevant date, and (b) it is not excluded by any of the general exclusions in section 38B. (3) “Qualifying person” means— (a) an individual, (b) a partnership of which all the members are individuals, or (c) a company. (4) In determining whether expenditure is AIA qualifying expenditure, any effect of section 12 on the time at which it is to be treated as incurred is to be disregarded. (5) “The relevant date” means— (a) for corporation tax purposes, 1 April 2008, and (b) for income tax purposes, 6 April 2008.

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38B General exclusions applying to section 38A

Expenditure within any of the following general exclusions is not AIA qualifying expenditure. General exclusion 1 The expenditure is incurred in the chargeable period in which the qualifying activity is permanently discontinued. General exclusion 2 The expenditure is incurred on the provision of a car (as defined by section 268A). General exclusion 3 The expenditure is incurred wholly for the purposes of a ring fence trade in respect of which tax is chargeable under section 330(1) of CTA 2010 (supplementary charge in respect of ring fence trades). General exclusion 4 The circumstances of the incurring of the expenditure are that— the provision of the plant or machinery on which the expenditure is incurred is connected with a change in the nature or conduct of the trade or business carried on by a person other than the person incurring the expenditure, and the obtaining of an annual investment allowance is the main benefit, or one of the main benefits, which could reasonably be expected to arise from the making of the change. General exclusion 5 Any of the following sections applies— section 13 (use for qualifying activity of plant or machinery provided for other purposes); section 13A (use for other purposes of plant or machinery provided for long funding leasing); section 14 (use for qualifying activity of plant or machinery which is a gift). This is subject to section 161 (pre-trading expenditure on mineral exploration and access).

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

A first-year allowance is not available unless the qualifying expenditure is first-year qualifying expenditure under any of the following provisions— . . . | . . . . . . | . . . . . . | . . . . . . | . . . section 45D | expenditure on cars with low CO2 emissions, section 45DA | expenditure on zero-emission goods vehicles, section 45E | expenditure on plant or machinery for gas refuelling station ... section 45EA | expenditure on plant or machinery for electric vehicle charging point section 45F | expenditure on plant and machinery for use wholly in a ring fence trade. . . . | . . . section 45K | expenditure on plant and machinery for use in designated assisted areas. section 45O | expenditure on plant and machinery for use in special tax sites. section 45S | expenditure on plant or machinery in other cases section 45U | expenditure on plant or machinery in cases not falling within section 45S etc

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40 Expenditure incurred for Northern Ireland purposes by small or medium-sized enterprises

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41 Miscellaneous exclusions from section 40 (expenditure for Northern Ireland purposes etc.)

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42 Exclusion of plant or machinery partly for use outside Northern Ireland

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43 Effect of plant or machinery subsequently being primarily for use outside Northern Ireland

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44 Expenditure incurred by small or medium-sized enterprises

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45 ICT expenditure incurred by small enterprises

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45D Expenditure on cars with low carbon dioxide emissions

(1) Expenditure is first-year qualifying expenditure if— (a) it is incurred in the relevant period, (b) it is expenditure on a car which is first registered on or after 17th April 2002 and which is unused and not second-hand, (c) the car— (i) is electrically-propelled, or (ii) has low CO2 emissions, and (d) the expenditure is not excluded by section 46 (general exclusions). (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) The “relevant period” is the period beginning with 17 April 2002 and ending with— (a) in the case of expenditure incurred by a company within the charge to corporation tax, 31 March 2027, and (b) in the case of expenditure incurred by a person within the charge to income tax, 5 April 2027. (1C) The Treasury may by regulations amend subsection (1B) so as to extend the relevant period. (2) For the purposes of this section a car has low CO2 emissions if it satisfies the conditions in subsections (3) and (4). (3) The first condition is that, when the car is first registered, it is so registered on the basis of a qualifying emissions certificate. (4) The second condition is that the applicable CO 2 emissions figure in relation to the car does not exceed 0 grams per kilometre driven. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The Treasury may by order amend the amount from time to time specified in subsection (4). (8) In this section any reference to a car is to a car within the meaning of section 268A, except that it— (a) includes a reference to a mechanically propelled road vehicle of a type commonly used as a hackney carriage, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) In this section— “applicable CO2 emissions figure” and “qualifying emissions certificate” have the meanings given in section 268C; “electrically-propelled” has the meaning given in section 268B.

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45DA Expenditure on zero-emission goods vehicles

(1) Expenditure is first-year qualifying expenditure if— (a) it is incurred in the period of 15 years beginning with the relevant date, (b) it is incurred on the provision of a zero-emission goods vehicle, (c) the vehicle is unused and not second-hand, (d) the vehicle is registered, and (e) the expenditure is not excluded by section 46 (general exclusions). (1A) The Treasury may by order amend subsection (1)(a) so as to extend the period specified. (2) For the purposes of subsection (1)(d) it does not matter whether the vehicle is first registered before or after the expenditure is incurred. (3) In this section— “goods vehicle” means a mechanically propelled road vehicle which is of a design primarily suited for the conveyance of goods or burden of any description; “the relevant date” means— in the case of expenditure incurred by a person within the charge to corporation tax, 1 April 2010, and in the case of expenditure incurred by a person within the charge to income tax, 6 April 2010; “zero-emission goods vehicle” means a goods vehicle which cannot in any circumstances emit CO2 by being driven. (4) The Treasury may by order amend this Chapter so as to provide for specified descriptions of vehicles to be treated, or not to be treated, as goods vehicles for the purposes of this section. (5) This section is subject to section 45DB.

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45DB Exclusions from allowances under section 45DA

(1) Expenditure incurred by a person is not first-year qualifying expenditure under section 45DA if it is within subsection (2), (4) or (6). (2) Expenditure is within this subsection if, at the time a claim is made under section 3 for a section 45DA allowance in respect of the expenditure, the person who incurred the expenditure is, or forms part of, an undertaking within subsection (3). (3) An undertaking is within this subsection if one or both of the following conditions are met— (a) it is reasonable to assume that the undertaking would be regarded as an undertaking in difficulty for the purposes of the General Block Exemption Regulation; (b) the undertaking is subject to an outstanding recovery order made by virtue of Article 108(2) of the Treaty on the Functioning of the European Union (Commission Decision declaring aid illegal and incompatible with the common market). (4) Expenditure is within this subsection if it is incurred for the purposes of a qualifying activity— (a) in the fishery or aquaculture sector, as covered by Regulation (EU) No 1379/2013 of the European Parliament and of the Council, or (b) relating to the management of waste of undertakings. (5) In subsection (4)(b) the reference to waste of undertakings does not include waste of the person who incurred the expenditure or of any other person forming part of the same undertaking as that person. (6) Expenditure is within this subsection to the extent that it is taken into account for the purposes of a relevant grant, or relevant payment, made towards that expenditure. (7) A grant or payment is relevant if it is— (a) a ... State aid, other than an allowance under this Part, or (b) 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 a section 45DA allowance. (8) If a relevant grant or relevant payment towards the expenditure is made after the making of a section 45DA allowance, the allowance is to be withdrawn .... (9) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (8). (10) Any such assessment or adjustment is not out of time if it is made within 3 years of the end of the chargeable period in which the grant or payment was made. (11) 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; “management” and “waste” have the meaning given by Article 1 of Directive 2006/12/EC of the European Parliament and of the Council; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “section 45DA allowance” means a first year allowance in respect of expenditure that is first-year qualifying expenditure under section 45DA; “undertaking” means— an autonomous enterprise, or an enterprise (not within paragraph (a)) and its partner enterprises (if any) and its linked enterprises (if any), and for this purpose “enterprise”, “autonomous enterprise”, “partner enterprises” and “linked enterprises” have the meaning given by Annex 1 to the General Block Exemption Regulation. (11A) 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. (12) The Treasury may by order make such provision amending this section as appears to them appropriate for the purpose of giving effect to any future amendments of or instrument replacing— (a) the General Block Exemption Regulation, (b) the Community Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (2004/C 244/02), (c) Regulation (EU) No 1379/2013 of the European Parliament and of the Council, (d) Directive 2006/12/EC of the European Parliament and of the Council, or (e) the Treaty on the Functioning of the European Union.

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45E Expenditure on plant or machinery for gas refuelling station

(1) Expenditure is first-year qualifying expenditure if— (a) it is incurred in the period beginning with 17th April 2002 and ending with 31st March 2025, (b) it is expenditure on plant or machinery for a gas refuelling station where the plant or machinery is unused and not second-hand, and (c) it is not excluded by section 46 (general exclusions). (1A) The Treasury may by order amend subsection (1)(a) so as to extend the period specified. (2) For the purposes of this section expenditure on plant or machinery for a gas refuelling station is expenditure on plant or machinery installed at a gas refuelling station for use solely for or in connection with refuelling vehicles with natural gas, biogas or hydrogen fuel. (3) For the purposes of subsection (2) the plant or machinery which is for use for or in connection with refuelling vehicles with natural gas, biogas or hydrogen fuel includes— (a) any storage tank for natural gas , biogas or hydrogen fuel, (b) any compressor, pump, control or meter used for or in connection with refuelling vehicles with natural gas, biogas or hydrogen fuel, and (c) any equipment for dispensing natural gas, biogas or hydrogen fuel to the fuel tank of a vehicle. (4) For the purposes of this section— “biogas” means gas produced by the anaerobic conversion of organic matter and used for propelling vehicles; “gas refuelling station” means any premises, or that part of any premises, where vehicles are refuelled with natural gas, biogas or hydrogen fuel; “hydrogen fuel” means a fuel consisting of gaseous or cryogenic liquid hydrogen which is used for propelling vehicles; “vehicle” means a mechanically propelled road vehicle.

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45EA Expenditure on plant or machinery for electric vehicle charging point

(1) Expenditure is first-year qualifying expenditure if— (a) it is incurred in the relevant period, (b) it is expenditure on plant or machinery for an electric vehicle charging point where the plant or machinery is unused and not second-hand, and (c) it is not excluded by section 46 (general exclusions). (2) For the purposes of this section expenditure on plant or machinery for an electric vehicle charging point is expenditure on plant or machinery installed solely for the purpose of charging electric vehicles. (3) The “relevant period” is the period beginning with 23 November 2016 and ending with— (a) in the case of expenditure incurred by a person within the charge to corporation tax, 31 March 2027, and (b) in the case of expenditure incurred by a person within the charge to income tax, 5 April 2027. (4) The Treasury may by regulations amend subsection (3) so as to extend the relevant period. (5) In this section— “electric vehicle” means a road vehicle that can be propelled by electrical power (whether or not it can also be propelled by another kind of power); “electric vehicle charging point” means a facility for charging an electric vehicle.

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45F Expenditure on plant and machinery for use wholly in a ring fence trade

(1) Expenditure is first-year qualifying expenditure if— (a) it is incurred on or after 17th April 2002, (b) it is incurred by a company, (c) it is incurred on the provision of plant or machinery for use wholly for the purposes of a ring fence trade, and (d) it is not excluded by section 46 (general exclusions). (2) This section is subject to section 45G (plant or machinery used for less than five years in a ring fence trade). (3) In this section “ ring fence trade ” means a ring fence trade in respect of which tax is chargeable under section 330(1) of CTA 2010 (supplementary charge in respect of ring fence trades).

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45G Plant or machinery used for less than five years in a ring fence trade

(1) Expenditure incurred by a company on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45F if the plant or machinery— (a) is at no time in the relevant period used in a ring fence trade carried on by the company or a company connected with it, or (b) is at any time in the relevant period used for a purpose other than that of a ring fence trade carried on by the company or a company connected with it. (2) For the purposes of this section “ the relevant period ” means whichever of the following periods, beginning with the incurring of the expenditure, first ends, namely— (a) the period ending with the fifth anniversary of the incurring of the expenditure, or (b) the period ending with the day preceding the first occasion on which the plant or machinery, after becoming owned by the company which incurred the expenditure, is not owned by a company which is either that company or a company connected with it. (3) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (1). (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, he 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 “ ring fence trade ” has the same meaning as in section 45F.

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45K Expenditure on plant and machinery for use in designated assisted areas

(1) Expenditure is first-year qualifying expenditure if— (a) it is incurred by a company on the provision of plant or machinery for use primarily in an area which at the time the expenditure is incurred is a designated assisted area, (b) it is incurred in the period ... beginning with the date on which the area is (or is treated as) designated under subsection (2)(a) and ending with whichever is the later of the day immediately before the eighth anniversary of that date or 31st March 2021, (c) Conditions A to E are met. (1A) The Treasury may by order amend subsection (1)(b) so as to extend the period specified. (2) “Designated assisted area” means an area which— (a) is designated by an order made by the Treasury, and (b) falls wholly within an assisted area. (3) An area may be designated by an order under subsection (2)(a) only if at the time the order is made— (a) the area falls wholly within an enterprise zone, and (b) a memorandum of understanding, in respect of the area, relating to the availability of allowances in respect of expenditure to which this section applies has been entered into by the Treasury and the responsible authority for the area. (4) An order made under subsection (2)(a) may provide that an area designated by the order is to be treated as having been so designated at times falling before the order is made. (5) But where an area has previously been designated by an order under subsection (2)(a), section 14 of the Interpretation Act 1978 does not apply, by virtue of subsection (4), so as to imply a power to make an order (“the new order”) treating that area (or any part of it) as if it were not so designated at times falling before the new order is made. (6) Condition A is that the company is within the charge to corporation tax. (7) Condition B is that the expenditure is incurred for the purposes of a qualifying activity within section 15(1)(a) or (f). (8) Condition C is that the expenditure is incurred for the purposes of— (a) a business of a kind not previously carried on by the company, (b) expanding a business carried on by the company, or (c) starting up an activity which relates to a fundamental change in a product or production process of, or service provided by, a business carried on by the company. (8A) Condition C is met by virtue of subsection (8)(c) only if the amount of the expenditure exceeds the amount by which the relevant plant or machinery is depreciated in the period of 3 years ending immediately before the beginning of the chargeable period in which the expenditure is incurred. (8B) “Relevant plant or machinery” means the plant or machinery being used at the end of the period of 3 years mentioned in subsection (8A) for the purposes of the product, process or service mentioned in subsection (8)(c). (9) Condition D is that the plant or machinery is unused and not second-hand. (10) Condition E is that the expenditure is not replacement expenditure. (11) “Replacement expenditure” means expenditure incurred on the provision of plant or machinery (“new plant or machinery”) intended to perform the same or a similar function, for the purposes of the qualifying activity of the company, as other plant or machinery (“replaced plant or machinery”)— (a) on which the company has previously incurred qualifying expenditure, and (b) which has been superseded by the new plant or machinery. (12) But if and to the extent that— (a) the expenditure is incurred on the provision of new plant or machinery that is capable of and intended to perform a significant additional function, when compared to the replaced plant or machinery, and (b) the additional function enhances the capacity or productivity of the qualifying activity in question, so much of the expenditure as is attributable to the additional function is not to be regarded as replacement expenditure. (13) The part of the expenditure attributable to the additional function is to be determined on a just and reasonable basis. (14) In this section— “assisted area” means— an area specified as a development area under section 1 of the Industrial Development Act 1982, or Northern Ireland; “enterprise zone” means an area recognised by the Treasury as an area in respect of which there is a special focus on economic development and identified on a map published by the Treasury for the purposes of this section; “the responsible authority”, for an area, means— if the area is in England, a local authority for all or part of the area or two or more such local authorities, if the area is in Scotland, the Scottish Ministers, if the area is in Wales, the Welsh Ministers, and if the area is in Northern Ireland, the Department of Enterprise, Trade and Investment in Northern Ireland. (15) The Treasury may by order amend the definition of “assisted area” in subsection (14) in consequence of any changes made to the areas in the United Kingdom granted assisted area status by virtue of Article 107(3) of the Treaty on the Functioning of the European Union. (16) This section is subject to— section 45L (plant or machinery partly for use outside designated assisted areas), section 45M (exclusions from section 45K allowances), section 45N (effect of plant or machinery subsequently being primarily used in an area other than a designated assisted area), and section 46 (general exclusions).

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45L Exclusion of plant or machinery partly for use outside designated assisted areas

(1) Expenditure on plant or machinery is not first-year qualifying expenditure under section 45K if— (a) at the time when it is incurred, the company incurring it intends the plant or machinery to be used partly in a non-designated area, and (b) the main purpose, or one of the main purposes, for which any person is a party to the relevant arrangements is the obtaining of a first-year allowance, or a greater first-year allowance, in respect of the part of the expenditure that is attributable to that intended use in a non-designated area. (2) For the purposes of subsection (1)(b), the part of the expenditure that is attributable to that intended use in a non-designated area is to be determined on a just and reasonable basis. (3) In this section— “non-designated area” means an area which is not a designated assisted area within the meaning of section 45K; “the relevant arrangements” means— the transaction under which the expenditure is incurred, and any scheme or arrangements of which that transaction forms part.

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45M Exclusions from allowances under section 45K

(1) Expenditure incurred by a person is not first-year qualifying expenditure under section 45K if it is within subsection (2), (4), (7) or (7A). (2) Expenditure is within this subsection if, at the time a claim is made under section 3 for a section 45K allowance in respect of the expenditure, the person who incurred the expenditure is, or forms part of, an undertaking within subsection (3). (3) An undertaking is within this subsection if one or both of the following conditions are met— (a) it is reasonable to assume that the undertaking would be regarded as an undertaking in difficulty for the purposes of the General Block Exemption Regulation; (b) the undertaking is subject to an outstanding recovery order made by virtue of Article 108(2) of the Treaty on the Functioning of the European Union (Commission Decision declaring aid illegal and incompatible with the common market). (4) Expenditure is within this subsection if it is incurred for the purposes of a qualifying activity— (a) in the fishery or aquaculture sector, as covered by Regulation (EU) No 1379/2013 of the European Parliament and of the Council, (b) in the coal sector, steel sector, shipbuilding sector or synthetic fibres sector, (ba) in the transport sector or related infrastructure, (bb) relating to energy generation, distribution or infrastructure, (bc) relating to the development of broadband networks, (c) relating to the management of waste of undertakings, or (d) relating to— (i) the primary production of agricultural products, (ii) on-farm activities necessary for preparing an animal or plant product for the first sale, or (iii) the first sale of agricultural products by a primary producer to wholesalers, retailers or processors, in circumstances where that sale does not take place on separate premises reserved for that purpose. (4A) Expressions used in subsection (4)(b), (ba), (bb) or (bc) and in the General Block Exemption Regulation have the same meaning as in that Regulation. (5) In subsection (4)(c) the reference to waste of undertakings does not include waste of the person who incurred the expenditure or of any other person forming part of the same undertaking as that person. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Expenditure is within this subsection 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 designated assisted area, and on the same single investment project, as that expenditure. (7A) Expenditure is within this subsection if— (a) the area by reference to which the condition in section 45K(1)(a) is met is not an area which falls within Article 107(3)(a) of the Treaty on the Functioning of the European Union, (b) the condition in section 45K(8)(a) is not met in relation to the expenditure, and (c) at the time the expenditure is incurred the company is not an SME for the purposes of the General Block Exemption Regulation. (8) A section 45K allowance made in respect of first-year 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 designated assisted area, and on the same single investment project, as that expenditure. (9) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (8). (10) 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. (11) 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. (12) In this section— “agricultural product”, has the same meaning as in the General Block Exemption Regulation; “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; “management” and “waste” have the meaning given by Article 1 of Directive 2006/12/EC of the European Parliament and of the Council; “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 witholding of a section 45K allowance; “section 45K allowance” means a first-year allowance in respect of expenditure that is first-year qualifying expenditure under section 45K; “single investment project” has the same meaning as in the General Block Exemption Regulation; “undertaking” means— an autonomous enterprise, or an enterprise (not within paragraph (a)) and its partner enterprises (if any) and its linked enterprises (if any), and for this purpose “enterprise”, “autonomous enterprise”, “partner enterprises” and “linked enterprises” have the meaning given by Annex 1 to the General Block Exemption Regulation. (13) 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. (14) For the purposes of this section references to expenditure incurred in respect of a designated assisted area includes expenditure incurred on the provision of things for use primarily in that area or on services to be provided primarily in that area. (15) The Treasury may by order make such provision amending this section as appears to them appropriate for the purpose of giving effect to any future amendments of or instruments replacing— (a) the General Block Exemption Regulation, (b) the Community Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (2004/C 244/02), (c) Regulation (EU) No 1379/2013 of the European Parliament and of the Council, (d) Directive 2006/12/EC of the European Parliament and of the Council, or (e) the Treaty on the Functioning of the European Union.

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45N Effect of plant or machinery subsequently being primarily for use outside designated assisted areas

(1) Expenditure on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45K if, at any relevant time— (a) the primary use to which the plant and machinery is put is other than in an area which was a relevant area at the time the expenditure was incurred, or (b) the plant or machinery is held for use otherwise than primarily in an area which was a relevant area at that time. (2) “Relevant time” means a time which— (a) falls within the relevant period, and (b) is a time when the plant or machinery is owned by— (i) the person who incurred the expenditure, or (ii) a person who is, or at any time in that period has been, connected with that person. (3) “The relevant period” means the period of 5 years beginning with— (a) the day on which the plant or machinery in question is first brought into use for the purposes of a qualifying activity carried on by the company, or (b) if earlier, the day on which it is first held for such use. (3A) “Relevant area” means— (a) in relation to expenditure which would be within subsection (7A) of section 45M if paragraph (a) of that subsection were omitted, a designated assisted area within the meaning of section 45K which falls within Article 107(3)(a) of the Treaty on the Functioning of the European Union, and (b) in relation to any other expenditure, a designated assisted area within the meaning of section 45K. (4) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (1). (5) 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. (6) 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.

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45O Expenditure on plant and machinery for use in special tax sites

(1) Expenditure incurred by a company on the provision of plant or machinery is first-year qualifying expenditure if conditions A to E are met. (2) Condition A is that the plant or machinery is for use primarily in an area which, at the time the expenditure is incurred, is a special tax site. (3) Condition B is that the plant or machinery is unused and is not second-hand. (4) Condition C is that the expenditure is incurred for the purposes of a qualifying activity within section 15(1)(a) or (f). (5) Condition D is that the expenditure is incurred on or before the applicable sunset date in relation to the special tax site concerned (as to which see section 332(4) and (5) of F(No.2)A 2023). (6) Condition E is that the company is within the charge to corporation tax. (7) This section is subject to— regulations under section 45P, section 45Q (exclusion of plant or machinery partly for use outside special tax sites), section 45R (effect of failing to comply with ongoing requirements) and regulations under that section, and section 46 (general exclusions).

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45P Power to amend conditions

(1) The Treasury may by regulations change the conditions that must be met in order for expenditure to be first-year qualifying expenditure under section 45O (whether by adding, removing or altering conditions). (2) Regulations under this section may not remove the requirement for the plant or machinery to be for use primarily in an area which, at the time the expenditure is incurred, is a special tax site. (3) Regulations under this section may, among other things— (a) make provision by reference to the expenditure, the plant or machinery, the company that incurred the expenditure or a person who is or has been connected with that company; (b) impose conditions relating to accounts or other records; (c) impose other conditions requiring a person to take steps specified in the regulations; (d) make different provision for different purposes; (e) include incidental, supplementary, consequential, transitional or transitory provision. (4) Regulations under this section— (a) may amend, repeal or otherwise modify section 45O and other provisions of this Part, and (b) where made under subsection (3)(e), may amend, repeal or otherwise modify other provisions of this Act or provisions of another Act.

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45Q Exclusion of plant or machinery partly for use outside special tax sites

(1) This section applies if— (a) at the time when expenditure on plant or machinery is incurred, the company incurring it intends the plant or machinery to be used partly in an area which is not a special tax site, and (b) the main purpose, or one of the main purposes, for which a person is party to the relevant arrangements is the obtaining of a first-year allowance, or a greater first-year allowance, in respect of the part of the expenditure that is attributable to that intended use in an area which is not a special tax site (the “non-qualifying part” of the expenditure). (2) The non-qualifying part of the expenditure is not first-year qualifying expenditure under section 45O. (3) For the purposes of this section, the non-qualifying part of the expenditure is to be determined on a just and reasonable basis. (4) In this section, “the relevant arrangements” means— (a) the transaction under which the expenditure on the plant or machinery is incurred, and (b) any scheme or arrangements of which that transaction forms part.

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45R Effect of failing to comply with ongoing requirements

(1) Expenditure on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45O if, at any relevant time— (a) the primary use to which the plant or machinery is put is other than in an area which, at the time the expenditure was incurred, was a special tax site, or (b) the plant or machinery is held for use otherwise than primarily in an area which was a special tax site at that time. (2) “Relevant time” means a time within the relevant period when the plant or machinery is owned by— (a) the company that incurred the expenditure, or (b) a person who is, or at any time in that period has been, connected with that company. (3) “The relevant period” means the period of 5 years beginning with— (a) the day on which the plant or machinery in question is first brought into use for the purposes of a qualifying activity carried on by the company, or (b) if earlier, the day on which it is first held for such use. (3A) The Treasury may by regulations make provision adding, removing or altering, or otherwise about, circumstances in which expenditure on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45O. (3B) The power to make regulations under subsection (3A) may be exercised only in relation to expenditure incurred on or after the date on which the regulations come into force. (3C) Subsections (3) and (4) of section 45P apply in relation to regulations under subsection (3A) as they apply in relation to regulations under that section. (4) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (1) or regulations under subsection (3A). (5) 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 or of regulations under subsection (3A), that person must give notice to an officer of Revenue and Customs specifying how the return needs to be amended. (6) 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 or of regulations under subsection (3A).

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45S Expenditure on plant or machinery in other cases

Expenditure is first-year qualifying expenditure if— (a) it is incurred on or after 1 April 2023, (b) it is incurred by a company within the charge to corporation tax, (c) it is expenditure on plant or machinery which is unused and not second-hand, and (d) it is not excluded by section 45T (exclusion of expenditure under disqualifying arrangements) or 46 (general exclusions).

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45T Exclusion of expenditure incurred under disqualifying arrangements

(1) Expenditure is not first-year qualifying expenditure under section 45S if the expenditure is incurred directly or indirectly in consequence of, or otherwise in connection with, disqualifying arrangements. (2) Arrangements are “disqualifying arrangements” for the purposes of this section if— (a) the main purpose, or one of the main purposes, of the arrangements is to secure a tax advantage connected with expenditure being first-year qualifying expenditure under section 45S (including securing the advantage by avoiding a balancing charge under section 59A or 59B or reducing the amount or timing of such a charge), and (b) it is reasonable, taking account of all the relevant circumstances— (i) to conclude that the arrangements are, or include steps that are, contrived, abnormal or lacking a genuine commercial purpose, or (ii) to regard the arrangements as circumventing the intended limits of relief under this Act or otherwise exploiting shortcomings in this Act. (3) In this section “arrangements” include any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

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45U Expenditure on plant or machinery in cases not falling with section 45S etc

Expenditure is first-year qualifying expenditure if— (a) it is incurred on or after 1 January 2026, (b) it is not special rate expenditure, (c) it is expenditure on plant or machinery which is unused and not second-hand, and (d) it is not excluded by section 45V (exclusion of expenditure under disqualifying arrangements) or 46 (general exclusions).

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