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

64 Case in which no disposal value need be brought into account

(1) A person is not required to bring a disposal value into account in a pool for a chargeable period in respect of plant or machinery if none of the qualifying expenditure is or has been taken into account in a claim in determining the person’s available qualifying expenditure in the pool for that or any previous chargeable period. (2) Subsection (3) applies if— (a) a person (“C”) has incurred qualifying expenditure on plant or machinery, (b) C acquired the plant or machinery as a result of a transaction which was, or a series of transactions each of which was, between connected persons, (c) any connected person (apart from C) who was a party to the transaction, or one of the series of transactions, is or has been required to bring a disposal value into account as a result of the transaction, (d) a disposal event (“the relevant disposal event”) occurs in respect of the plant or machinery at a time when it is owned by C, and (e) none of C’s qualifying expenditure is or has been taken into account in a claim in determining C’s available qualifying expenditure for the chargeable period in which the relevant disposal event occurs or any previous chargeable period. (3) If this subsection applies— (a) subsection (1) does not apply in relation to the relevant disposal event, and (b) C’s qualifying expenditure is to be treated as allocated to the appropriate pool for the chargeable period in which the relevant disposal event occurs. (4) In subsection (3)— (a) “qualifying expenditure” means, if a first-year allowance has been made to C, the amount (including a nil amount) remaining after deducting the allowance, and (b) “the appropriate pool” means whichever pool is applicable in relation to C under the provisions of this Part. (5) A person takes expenditure into account in a claim if he takes it into account— (a) in a tax return; (b) by giving notice of an amendment of a tax return; (c) in any other claim under this Part.

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64A Leased assets: arrangements reducing disposal value of asset

(1) Where— (a) plant or machinery (“the asset”) is subject to a lease, (b) a disposal event occurs with the result that a disposal value in respect of the asset is to be brought into account under Item 1, 2 or 7 of the Table in section 61(2), and (c) arrangements have been entered into that have the effect of reducing the disposal value of the asset in so far as it is attributable to rentals payable under the lease, the disposal value is to be determined as if the arrangements had not been entered into. (2) Subsection (1) does not apply if— (a) the arrangements take the form of a transfer of relevant receipts within section 809AZA of ITA 2007 and the relevant amount has been treated as income under section 809AZB of that Act, or (b) the arrangements take the form of a transfer of relevant receipts within section 752 of CTA 2010 and the relevant amount has been treated as income under section 753 of that Act.

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65 The final chargeable period

(1) The final chargeable period for— (a) the main pool, or (b) a special rate pool, is the chargeable period in which the qualifying activity is permanently discontinued. (2) The final chargeable period for a single asset pool is the first chargeable period in which any disposal event given in section 61(1) occurs. (3) Subsection (2) is subject to— section 206(4) (no final chargeable period merely because plant or machinery begins to be used partly for purposes other than those of qualifying activity); sections 86(2) and 87(2) (ending of short-life asset pool at relevant cut-off without final chargeable period); section 132(2) (no final chargeable period for single ship pool). (4) The final chargeable period for a class pool under section 107 (overseas leasing) is the chargeable period at the end of which the circumstances are such that there can be no more disposal receipts in any subsequent chargeable period.

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66 List of provisions outside this Chapter about disposal values

The provisions of this Part referred to in section 60(1)(b) are— section 68 | hire-purchase etc.: disposal value on cessation of notional ownership section 70E | long funding leases: disposal events and disposal values sections 72 and 73 | grant of new software right: disposal value . . . | . . . sections 88 and 89 | short-life assets: disposal at under-value or to connected person section 104E | special rate expenditure: avoidance cases sections 108, 111 and 114 | overseas leasing: disposal values in various cases sections 132 and 143 | ships: ship used for overseas leasing etc.; attribution of amount where balancing charge deferred section 171 | oil production sharing contracts: disposal values on cessation of ownership sections 196 and 197 | fixtures: disposal values on cessation of notional ownership and in avoidance cases section 208 | effect of significant reduction in use of plant or machinery for purposes of qualifying activity section 208A | cars: disposal value in avoidance cases section 211 | effect of payment of partial depreciation subsidy . . . | . . . section 218ZB | disposal of plant or machinery in avoidance cases sections 228K to 228M | Disposal of plant or machinery subject to lease where income retained section 229 | hire-purchase: disposal values in finance leasing and anti-avoidance cases sections 238 and 239 | additional VAT rebates

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66A Persons leaving cash basis

(1) This section applies if— (a) a person carrying on a trade, profession, vocation or property business (“the business”) leaves the cash basis in a chargeable period, (b) the person has incurred expenditure at a time when the profits of the business are calculated on the cash basis, (c) some or all of the expenditure was brought into account in calculating the profits of the business on the cash basis, and (d) the expenditure would have been qualifying expenditure if the profits of the business had not been calculated on the cash basis at the time the expenditure was incurred. (2) In this section— (a) the “relieved portion” of the expenditure is the higher of the following— (i) the amount of that expenditure for which a deduction was allowed in calculating the profits of the trade, profession, vocation or property business, or (ii) the amount of that expenditure for which a deduction would have been so allowed if the expenditure had been incurred wholly and exclusively for the purposes of the trade, profession, vocation or property business; (b) the “unrelieved portion” of the expenditure is any remaining amount of the expenditure. (3) For the purposes of determining any entitlement of the person to an annual investment allowance or a first-year allowance, the person is to be treated as incurring the unrelieved portion of the expenditure in the chargeable period. (4) For the purposes of determining the person's available qualifying expenditure in a pool for the chargeable period (see section 58)— (a) the whole of the expenditure must be allocated to the appropriate pool (or pools) in that chargeable period, and (b) the available qualifying expenditure in a pool to which the expenditure (or some of it) is allocated is reduced by the relieved portion of that expenditure. (5) For the purposes of determining any disposal receipts (see section 60), the expenditure incurred by the person is to be regarded as qualifying expenditure. (6) For the purposes of this section a person carrying on a trade, profession or vocation leaves the cash basis in a chargeable period if— (a) immediately before the beginning of the chargeable period the cash basis applied in relation to the trade, profession or vocation, and (b) the cash basis does not apply in relation to the trade, profession or vocation for the chargeable period. (7) For the purposes of this section a person carrying on a property business leaves the cash basis in a chargeable period (“tax year X”) if the profits of the business are calculated— (a) in accordance with GAAP (see section 271B of ITTOIA 2005) for tax year X, and (b) on the cash basis (see section 271D of that Act) for the previous tax year. (8) Subsection (11) of section 1A (capital allowances and charges: cash basis) applies for the purposes of this section as it applies for the purposes of that section.

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66B SME company entering NI corporation tax regime

(1) This section applies if— (a) in a chargeable period beginning after the commencement day (“the relevant period”) a company is an SME (Northern Ireland employer) company, (b) the company was neither an SME (Northern Ireland employer) company nor a NIRE company in the previous chargeable period, and (c) the company has not become an SME (Northern Ireland employer) company in the relevant period as a result of an election under section 357KB(2) of CTA 2010 (back-office activities of financial trades). (2) The fact that assets which continue to be used in the relevant period for the purposes of the trade actually carried on by the company are as a result of section 15(2ZA) treated as ceasing to be used for the purposes of a main rate activity and beginning to be used for the purposes of an NI rate activity does not give rise to a disposal event within 61(1)(e) or (f). (3) If during the relevant period the only qualifying activity carried on by the company is an NI rate activity, the amount of any unrelieved qualifying expenditure in any main pool or special rate pool falling to be carried forward to the relevant period is to be treated as relating to plant and machinery used for the purposes of the NI rate activity. (4) If during the relevant period the company carries on both an NI rate activity and a main rate activity— (a) the amount of any unrelieved qualifying expenditure in any main pool falling to be carried forward under section 59 to the relevant period is to be apportioned on a just and reasonable basis to become— (i) a main pool that is to be treated as relating to plant and machinery used for the purposes of the NI rate activity, and (ii) a main pool that is to be treated as relating to plant and machinery used for the purposes of the main rate activity, and (b) the amount of any unrelieved qualifying expenditure in any special rate pool falling to be carried forward under section 59 to the relevant period is to be apportioned on a just and reasonable basis to become— (i) a special rate pool that is to be treated as relating to plant and machinery used for the purposes of the NI rate activity, and (ii) a special rate pool that is to be treated as relating to plant and machinery used for the purposes of the main rate activity. (5) “Main rate activity” means the company's trade except so far as it is an NI rate activity. (6) “The commencement day” has the meaning given by section 5(4) of the Corporation Tax (Northern Ireland) Act 2015.

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66C SME partnership entering NI corporation tax regime

For the purposes of the corporate partner calculation, section 66B applies in relation to a partnership as if— (a) references to a company were references to a partnership, (b) references to an SME (Northern Ireland employer) company were references to a Northern Ireland Chapter 6 firm, (c) the reference to a NIRE company were a reference to a Northern Ireland Chapter 7 firm, (d) the reference to section 357KB(2) of CTA 2010 were a reference to section 357WB(2) of that Act, and (e) the reference to section 15(2ZA) were a reference to section 15(2ZB).

Propose a change

66D SME company leaving NI corporation tax regime

(1) This section applies if— (a) in a chargeable period beginning after the commencement day (“the relevant period”) a company is neither an SME (Northern Ireland employer) company nor a NIRE company, (b) the company was an SME (Northern Ireland employer) company in the previous chargeable period, and (c) during the relevant period the company carries on a qualifying activity. (2) The fact that assets which continue to be used in the relevant period for the purposes of the trade actually carried on are as a result of section 15(2ZA) treated as ceasing to be used for the purposes of an NI rate activity and beginning to be used for the purposes of the qualifying activity mentioned in subsection (1)(c) does not give rise to a disposal event within 61(1)(e) or (f). (3) Any unrelieved qualifying expenditure which— (a) relates to plant or machinery used for the purposes of an NI activity, and (b) falls to be carried forward to the relevant period, is to be treated as relating to the qualifying activity that the company carries on in the relevant period. (4) “The commencement day” has the meaning given by section 5(4) of the Corporation Tax (Northern Ireland) Act 2015.

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66E SME partnership leaving NI corporation tax regime

For the purposes of the corporate partner calculation, section 66D applies in relation to a partnership as if— (a) references to a company were references to a partnership, (b) references to an SME (Northern Ireland employer) company were references to a Northern Ireland Chapter 6 firm, (c) the reference to a NIRE company were a reference to a Northern Ireland Chapter 7 firm, and (d) the reference to section 15(2ZA) were a reference to section 15(2ZB).

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

(1) This section applies if— (a) a person carrying on a qualifying activity or corresponding overseas activity incurs capital expenditure on the provision of plant or machinery for the purposes of the qualifying activity or corresponding overseas activity, and (b) the expenditure is incurred under a contract providing that the person shall or may become the owner of the plant or machinery on the performance of the contract. (2) The plant or machinery is to be treated for the purposes of this Part as owned by the person (and not by any other person) at any time when he is entitled to the benefit of the contract so far as it relates to the plant or machinery. This subsection has effect subject to, and in accordance with, subsections (2A) to (2C). (2A) If the contract is one which, in accordance with generally accepted accounting practice, falls (or would fall) to be treated as a lease, subsection (2B) applies. (2B) Where that is the case, the plant or machinery is to be treated under subsection (2) as owned by the person at any time only if the contract — (a) falls (or would fall) to be treated by that person in accordance with generally accepted accounting practice as a finance lease, or (b) if that person is a lessee under a right-of-use lease, would fall to be treated in that person's accounts as a finance lease were that person required under generally accepted accounting practice to determine whether the lease falls to be so treated. (2C) Where at any time the plant or machinery— (a) is not treated under subsection (2) as owned by the person, but (b) would be treated under that subsection as owned by the person, but for subsection (2B), the plant or machinery is nevertheless to be treated under subsection (2) as not owned by any other person at that time. (3) At the time when the plant or machinery is brought into use for the purposes of the qualifying activity or corresponding overseas activity, the person is to be treated for the purposes of this Part as having incurred all capital expenditure in respect of the plant or machinery to be incurred by him under the contract after that time. (4) If a person— (a) is treated under subsection (2) as owning plant or machinery, (b) ceases to be entitled to the benefit of the contract in question so far as it relates to that plant or machinery, and (c) does not then in fact become the owner of the plant or machinery, the person is to be treated as ceasing to own the plant or machinery at the time when he ceases to be entitled to the benefit of the contract. (6) If— (a) a person enters into two or more agreements, and (b) those agreements are such that, if they together constituted a single contract, the condition in subsection (1)(b) would be met in relation to that person and that contract, the agreements are to be treated for the purposes of this section as parts of a single contract. In this subsection, any reference to an agreement includes a reference to an undertaking, whether or not legally enforceable. (7) This section is subject to section 69 (hire-purchase and fixtures) and subsection (3) is subject to section 229 (anti-avoidance). (8) In this section “corresponding overseas activity” means an activity that would be a qualifying activity if the person carrying it on were resident in the United Kingdom.

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68 Disposal value on cessation of notional ownership

(1) This section applies if a person— (a) is treated under section 67(4) as ceasing to own plant or machinery, and (b) is required to bring a disposal value into account as a result. (2) If the plant or machinery has been brought into use for the purposes of the qualifying activity before the person ceases to own the plant or machinery, the disposal value is the total of— (a) any relevant capital sums, and (b) any capital expenditure treated under section 67(3) as having been incurred when the plant or machinery was brought into use but which has not in fact been incurred. (3) If the plant or machinery has not been brought into use for the purposes of the qualifying activity before the person ceases to own the plant or machinery, the disposal value is the total of any relevant capital sums. (4) “Relevant capital sums” means capital sums that the person receives or is entitled to receive by way of consideration, compensation, damages or insurance money in respect of— (a) his rights under the contract, or (b) the plant or machinery. (5) This section is subject to section 229 (anti-avoidance).

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69 Hire-purchase etc. and fixtures

(1) Section 67 does not— (a) apply to expenditure incurred on plant or machinery which is a fixture, or (b) prevent Chapter 14 (fixtures) applying in relation to expenditure on plant or machinery incurred under such a contract as is mentioned in section 67(1)(b). (2) If— (a) a person is treated under section 67(2) as owning plant or machinery, (b) the plant or machinery becomes a fixture, and (c) the person is not treated under Chapter 14 as being the owner of the plant or machinery, the person is to be treated for the purposes of this Part as ceasing to own the plant or machinery at the time when it becomes a fixture. (3) In this section “fixture” has the meaning given by section 173(1).

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70 Plant or machinery provided by lessee

(1) This section applies if— (a) under the terms of a lease, a lessee is required to provide plant or machinery, (b) the lessee incurs capital expenditure on the provision of that plant or machinery for the purposes of a qualifying activity which the lessee carries on, (c) the plant or machinery is not so installed or otherwise fixed in or to a building or any other description of land as to become, in law, part of that building or other land, and (d) the lessee does not own the plant or machinery. (2) The lessee— (a) is to be treated as being the owner of the plant or machinery, as a result of incurring the capital expenditure, for so long as it continues to be used for the purposes of the qualifying activity, but (b) is not required to bring a disposal value into account because the lease ends. (3) Subsection (4) applies if— (a) the plant or machinery continues to be used for the purposes of the lessee’s qualifying activity until the lease ends, (b) the lessor holds the lease in the course of a qualifying activity, and (c) on or after the ending of the lease, a disposal event occurs in respect of the plant or machinery at a time when the lessor owns the plant or machinery as a result of the requirement under the terms of the lease. (4) The lessor is required to bring a disposal value into account in the appropriate pool for the chargeable period in which the disposal event occurs. (5) “The appropriate pool” means the pool which would be applicable under this Part in relation to the lessor’s qualifying activity if— (a) the expenditure incurred by the lessee had been qualifying expenditure incurred by the lessor, and (b) that qualifying expenditure were being allocated to a pool for the chargeable period in which the disposal event occurs. (6) In this section “lease” includes— (a) an agreement for a lease if the term to be covered by the lease has begun, and (b) any tenancy, but does not include a mortgage (and “lessee” and “lessor” are to be read accordingly).

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70A Entitlement to capital allowances

(1) This section applies if a person carrying on a qualifying activity incurs expenditure (whether or not of a capital nature) on the provision of plant or machinery for the purposes of the qualifying activity under a long funding lease. (2) In the application of this Part in the case of that person, the plant or machinery is to be treated as owned by him at any time when he is the lessee under the long funding lease. That is so whether or not the lease also falls to be regarded as a long funding lease in the application of this Part in the case of the lessor. (3) The person is to be treated for the purposes of this Part as having incurred capital expenditure on the provision of the plant or machinery as follows. (4) The capital expenditure is to be treated as incurred at the commencement of the term of the long funding lease. (5) The amount of the capital expenditure varies, according to whether the long funding lease is— (a) a long funding operating lease (subsection (6)), or (b) a long funding finance lease (subsection (7)). (6) If the long funding lease is a long funding operating lease, the amount of the capital expenditure is to be found in accordance with section 70B. (7) If the long funding lease is a long funding finance lease, the amount of the capital expenditure is to be found in accordance with section 70C. (8) See Chapter 6A for interpretation of this section.

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70B Long funding operating lease: amount of capital expenditure

(1) This section applies by virtue of section 70A(6). (2) If the long funding lease is a long funding operating lease, the amount of the capital expenditure is the market value of the plant or machinery at the later of— (a) the commencement of the term of the lease; (b) the date on which the plant or machinery is first brought into use for the purposes of the qualifying activity. (3) This section is to be construed as one with section 70A.

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70C Long funding finance lease: amount of capital expenditure

(1) This section has effect by virtue of section 70A(7) for the purpose of determining the amount of the capital expenditure in the case of a long funding finance lease. (2) If the lease is one which, under generally accepted accounting practice, falls (or would fall) to be treated as a loan, this section applies as if the lease were one which, under generally accepted accounting practice, fell to be treated as a finance lease. (3) The amount of the capital expenditure is the total of— (a) commencement PVMLP (see subsection (4)), and (b) if subsection (6) applies, the unrelievable pre-commencement rentals (“UPR”), but subject, in a case falling within subsection (7), to the restriction imposed by subsection (8). (4) Commencement PVMLP is the amount that would fall to be recognised as the present value, at the appropriate date, of the minimum lease payments (see section 70YE) if appropriate accounts were prepared by the person. (4A) But where the minimum lease payments include a relievable amount, the present value of that amount must be excluded in determining the commencement PVMLP. (4B) An amount (“amount X”) is a relievable amount if— (a) an arrangement is in place under which all or part of any residual amount (as defined in section 70YE) is guaranteed by the lessee or a person connected with the lessee, (b) amount X is within the minimum lease payments because of that arrangement (see subsection (1)(a) of that section), and (c) it is reasonable to assume that, were amount X to be incurred under the arrangement, relief would be available as a result (beyond relief, by virtue of this section and section 70E, because amount X is within those minimum lease payments). (4C) In deciding for the purposes of subsection (4B)(c) whether relief would be available as a result, no account is to be taken of— (a) any part of the arrangement other than the part by virtue of which all or part of the residual amount is guaranteed, or (b) any other arrangement connected with the arrangement or forming part of a set of arrangements that includes the arrangement. (5) For the purposes of subsection (4)— “appropriate accounts” are accounts prepared in accordance with generally accepted accounting practice on the date on which that amount is first recognised in the books or other financial records of the person; “the appropriate date” is the later of— the commencement of the term of the lease; the date on which the plant or machinery is first brought into use for the purposes of the qualifying activity. (6) This subsection applies if— (a) the person has paid rentals under the lease before the commencement of the term of the lease, and (b) in the case of some or all of those rentals, relief otherwise than by virtue of this subsection— (i) is not available, and (ii) if the case is one where the plant or machinery was not used for the purposes of a qualifying activity in the period before the commencement of the term of the lease, would not have been available had the plant or machinery been used in that period for the purposes of a qualifying activity, and in any such case UPR is the amount of the rentals for which relief is not, and (in a case falling within paragraph (b)(ii)) would not have been, so available. (7) Subsection (8) applies if the main purpose, or one of the main purposes, of entering into— (a) the lease, (b) a series of transactions of which the lease is one, or (c) any of the transactions in such a series, is to obtain allowances under this Part in respect of an amount of capital expenditure that materially exceeds the market value of the leased asset at the commencement of the term of the lease. (8) In any such case, the amount of the capital expenditure described in subsection (3) is to be restricted to an amount equal to the market value of the asset at the commencement of the term of the lease. (9) In this section “relief” means relief by way of— (a) an allowance under this Act, (b) a deduction in computing profits for the purposes of income tax or corporation tax, (c) a deduction from total profits or total income for the purposes of either of those taxes. (10) This section is to be construed as one with section 70A.

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70D Long funding finance lease: additional expenditure: allowances for lessee

(1) This section applies where the following conditions are met— (a) a person is the lessee of plant or machinery under a long funding finance lease, (b) as a result of section 70A, the person falls to be regarded as having incurred qualifying expenditure on the provision of the plant or machinery, and (c) the lessor incurs expenditure in relation to the plant or machinery, (d) as a result of the lessor incurring the expenditure, there is in the case of the lessee an increase (the “relevant increase”) in the present value of the minimum lease payments. (1A) Any increase attributable to a relievable amount is to be ignored for the purposes of subsection (1)(d). (1B) Subsections (4B) and (4C) of section 70C apply (with any necessary modifications) for the purposes of this section as for the purposes of that section. (2) If the lease is one which, under generally accepted accounting practice, falls (or would fall) to be treated as a loan, this section applies as if the lease were one which, under generally accepted accounting practice, fell to be treated as a finance lease. (3) The person is to be treated for the purposes of this Part as having incurred further capital expenditure on the provision of the plant or machinery as follows. (4) The person is to be treated as having incurred the expenditure on the date of first recognition. (5) The amount of the expenditure is the amount that would fall to be recognised as the amount of the relevant increase if appropriate accounts were prepared by the person. (6) For that purpose, “appropriate accounts” are accounts prepared in accordance with generally accepted accounting practice on the date of first recognition. (7) For the purposes of this section, the “date of first recognition” is the date on which the relevant increase is first recognised in the books or other financial records of the person. (8) This section is to be construed as one with section 70A.

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70DA Transfer and long funding leaseback: restrictions on lessee's allowances

(1) This section applies where— (a) a person (“S”) transfers plant or machinery to another person (“B”), (b) at any time after the date of the transfer, the plant or machinery is available to be used by S, or a person (other than B) who is connected with S (“CS”), under a plant or machinery lease, and (c) that lease is a long funding lease. (2) No annual investment allowance or first-year allowance is to be made in respect of the expenditure of S or CS under the lease. (3) The amount, if any, by which E exceeds D is to be left out of account in determining the available qualifying expenditure of S or CS. (4) E is the capital expenditure of S or CS on the provision of the plant or machinery under the long funding lease. (5) If S is required to bring a disposal value into account under this Part because of the transfer referred to in subsection (1)(a), D is that disposal value. (5A) D is nil if— (a) S is not required to bring a disposal value into account under this Part because of the transfer referred to in subsection (1)(a), and (b) at any time before that transfer S or a linked person became owner of the plant or machinery without incurring either capital expenditure or qualifying revenue expenditure on its provision. (6) Otherwise, D is whichever of the following is the smallest— (a) the market value of the plant or machinery; (b) if S incurred capital expenditure on the provision of the plant or machinery before the transfer referred to in subsection (1)(a), the amount of that expenditure; (c) if a person connected with S incurred capital expenditure on the provision of the plant or machinery before that transfer, the amount of that expenditure. (7) Section 70Y(3) applies to references in this section to a transfer of plant or machinery by a person. (8) For the purposes of this section a transfer involving the grant of a lease takes place on the commencement of the term of the lease. (9) “Linked person”, in relation to plant or machinery, means a person— (a) who owned the plant or machinery at any time before the transfer referred to in subsection (1)(a), and (b) who was connected with S at any time between— (i) the time when the person became owner of the plant or machinery, and (ii) the time of the transfer referred to in subsection (1)(a). (10) Expenditure on the provision of plant or machinery is “qualifying revenue expenditure” if it is expenditure of a revenue nature— (a) that is at least equal to the amount of expenditure that would reasonably be expected to have been incurred on the provision of the plant or machinery in a transaction between persons dealing with each other at arm's length in the open market, or (b) that is incurred by the manufacturer of the plant or machinery and is at least equal to the amount that it would have been reasonable to expect to have been the normal cost of manufacturing the plant or machinery.

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70E Disposal events and disposal values

(1) This section applies where— (a) a person is the lessee of plant or machinery under a long funding lease, (b) as a result of section 70A, the person falls to be regarded as having incurred qualifying expenditure on the provision of the plant or machinery, and (c) a relevant event occurs. (1A) A relevant event occurs if— (a) the lease terminates, (b) the plant or machinery begins to be used wholly or partly for purposes other than those of the qualifying activity, or (c) the qualifying activity is permanently discontinued. (2) In the case of that person— (a) the relevant event is a disposal event, and (b) the person is required to bring into account a disposal value for the chargeable period in which that disposal event occurs. (2A) The amount of the disposal value is— (QE-QA)+R where— QE is the person's qualifying expenditure on the provision of the plant or machinery, QA is the qualifying amount (see subsections (2B) to (2E)), and R is the sum of— any relevant rebate (see subsections (2F) and (2G)), and any other relevant lease-related payment (see subsections (2FA) and (2G)). (2B) In the case of a long funding operating lease, “the qualifying amount” means the aggregate amount of the reductions made under ... section 148I of ITTOIA 2005 or section 379 of CTA 2010 for periods of account in which the person was the lessee. (2C) In the case of a long funding finance lease, “the qualifying amount” means the aggregate of— (a) the payments made to the lessor by the person under the lease (including any initial payment), and (b) the payments made to the lessor by the person under a guarantee of any residual amount (as defined in section 70YE) other than any relievable payment, subject to subsection (2D). (2D) The following are excluded from the “qualifying amount” under subsection (2C)— (a) so much of any payment as, in accordance with generally accepted accounting practice, falls (or would fall) to be shown in the person's accounts as finance charges, or interest expenses, in respect of the lease, (b) so much of any payment as represents charges for services, and (c) so much of any payment as represents qualifying UK or foreign tax (within the meaning of section 70YE) to be paid by the lessor. (2DA) A payment (“payment X”) is a relievable payment if— (a) an arrangement is in place under which all or part of any residual amount (as defined in section 70YE) is guaranteed by the lessee or a person connected with the lessee, (b) payment X is within the minimum lease payments because of that arrangement (see subsection (1)(a) of that section), and (c) it is reasonable to assume that relief would be available as a result of making payment X (beyond relief, by virtue of section 70C or 70D and this section, because payment X is within those minimum lease payments). (2DB) For the purposes of subsection (2DA)(c)— (a) “relief” has the meaning given in section 70C, and (b) subsection (4C) of that section applies as it applies for the purposes of subsection (4B)(c) of that section. (2E) In the case of a long funding finance lease that is not a transaction at arm's length, “the qualifying amount” includes only so much of the amounts described in subsection (2C) as would reasonably be expected to have been paid if the lease had been such a transaction. (2F) “Relevant rebate” means— (a) in a case falling within subsection (1A)(a), any amount calculated by reference to the termination value that is payable for the benefit (directly or indirectly) of the person or another person connected with that person, or (b) in a case falling within subsection (1A)(b) or (c), any such amount that would have been so payable if, when the relevant event occurred, the lease had terminated and the plant or machinery had been sold for its market value at that time. (2FA) Relevant lease-related payment” means any payment which— (a) is payable at any time for the benefit (directly or indirectly) of the lessee or a person connected with the lessee, (b) is connected with the long funding lease, or with any arrangement connected with that lease, and (c) is not— (i) an initial payment or any other payment made to the lessor by the lessee under the lease, (ii) a payment made to the lessor by the lessee under a guarantee of any residual amount (as defined in section 70YE), (iii) an initial payment or any other payment made under a relevant superior lease to the person who is the lessor under that lease by the person who is the lessee under that lease, or (iv) a payment to the seller of the proceeds of a sale of the plant or machinery to which subsection (2FC) applies, if, and to the extent that, the payment is not otherwise brought into account for tax purposes as income or a disposal receipt by the person for whom the benefit is payable (or would not be if that person were within the charge to tax). (2FB) For the purposes of subsection (2FA)— “payment” includes the provision of any benefit, the assumption of any liability and any other transfer of money's worth (and “payable” is to be construed accordingly); “relevant superior lease” means any lease of the plant or machinery to which the long funding lease mentioned in subsection (1)(a) is inferior. (2FC) This subsection applies to a sale of the plant or machinery if— (a) a person has entered into a relevant transaction with another person in respect of the plant or machinery for the purposes of Chapter 17 of this Part (see section 213) and the sale is within section 213(1)(a), (b) the plant or machinery is within section 216(1)(b) (sale and lease back), and (c) the conditions in section 227(2) are met. (2G) In the case of a lease that is not a transaction at arm's length, “relevant rebate” and “relevant lease-related payment” include any amount that would reasonably be expected to have fallen within subsection (2F) or, as the case may be, (2FA) if the lease had been such a transaction. (2H) The amount of the disposal value brought into account under this section cannot be less than nil. (9) If the relevant event gives rise to a disposal event in the case of the person apart from this section, that disposal event is to be ignored. (10) This section is to be construed as one with section 70A.

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70F Introductory

This Chapter makes provision for the interpretation of this Part so far as relating to long funding leases.

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70G “Long funding lease”

(1) A “long funding lease” is a funding lease (see section 70J) which meets the following conditions— (a) it is not a short lease (see section 70I), (b) it is not an excluded lease of background plant or machinery for a building (see section 70R), (c) it not excluded by section 70U (plant or machinery leased with land: low percentage value). (2) Where, at the commencement of the term of a plant or machinery lease, the plant or machinery— (a) is not being used for the purposes of a qualifying activity carried on by the person concerned, but (b) subsequently begins to be used for the purposes of a qualifying activity carried on by that person, the plant or machinery lease is a long funding lease if the condition in subsection (3) is met. (3) The condition is that (apart from section 70H) the plant or machinery lease would have been a long funding lease at its inception had the plant or machinery been used at that time for the purposes of a qualifying activity carried on by the person concerned. (4) This section is subject, in the case of the lessee, to— (a) section 70H (requirement for tax return treating lease as long funding lease); (b) section 70Q (leases excluded by right of lessor etc to claim capital allowances). (5) See also paragraph 91A of Schedule 22 to FA 2000 (tonnage tax: certain leases to be treated as not being long funding leases).

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70H Lessee: requirement for tax return treating lease as long funding lease

(1) A lease is not a long funding lease in the case of the lessee unless he makes a tax return for the initial period on the basis that he falls to be taxed in respect of the lease in accordance with the provisions of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Chapter 10A of Part 2 of ITTOIA 2005 (long funding leases: income tax) or (c) Chapter 2 of Part 9 of CTA 2010 (long funding leases of plant or machinery). (1A) Subsection (1) does not apply in respect of a lease of plant or machinery (“lease A”) if, at any time in the relevant period— (a) the lessee is the lessor of a lease of any of that plant or machinery (“lease B”), and (b) lease B is a long funding lease. (1B) In subsection (1A) “the relevant period” means the period— (a) beginning with the inception of lease A, and (b) ending with the making of the tax return for the initial period (or, if that return is amended, the making of the last amendment). (1C) In a case in which paragraphs (a) and (b) of subsection (1) of section 70DA (leaseback of plant or machinery) are satisfied, subsection (1) of this section does not apply to the lease referred to in section 70DA(1)(b). (2) Where, in the case of a lease, a person has made a tax return for the initial period— (a) on the basis that he falls to be taxed in respect of the lease in accordance with those provisions, or (b) on the basis that he does not fall to be so taxed, he may not make a claim under the recovery provisions for relief in respect of an amount paid or liable to be paid that is excessive by reason of the tax return having been made on that basis. (3) In this section— “the recovery provisions” means— Schedule 1AB to the Taxes Management Act 1970; or paragraph 51 of Schedule 18 to FA 1998; “the initial period” is the first accounting period or, as the case may be, tax year in which there is a difference in the amount of the profits or losses falling to be shown in the return, according to whether the lease is a long funding lease or not; “tax return” means— a company tax return under paragraph 3 of Schedule 18 to FA 1998, or a return under section 8 of the Taxes Management Act 1970 (income tax: personal return).

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70I “Short lease”

(1) Construe “short lease” in accordance with this section. (2) A lease whose term is 7 years or less is a short lease. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Where— (a) a person leases an asset to another (“S”) under a lease that would, apart from this subsection, be a short lease, (b) the inception of that lease is on or after 7th April 2006, (c) at or about the time of the inception of that lease, arrangements are entered into for the asset to be leased to one or more other persons under one or more other leases, and (d) in the aggregate, the term of the lease to S and the terms of the leases to such of those other persons as are connected with S exceed 7 years, the lease to S is not a short lease. (9A) Where plant or machinery is the subject of a lease and finance leaseback (as defined in section 228A)— (a) the finance lease mentioned in section 228A(2)(c), and (b) any other finance lease forming part of the arrangements for the lease and finance leaseback (except the lease referred to in section 228A(2)(a)), is not a short lease (if it otherwise would be). (10) Where plant or machinery is the subject of a sale and finance leaseback (as defined in section 221), any finance lease of a kind mentioned in section 221(1)(c) is not a short lease (if it otherwise would be). (11) But, if the conditions set out in section 227(2) are met, B and S (within the meaning of section 221) may make an election the effect of which is that— (a) subsection (10) above does not apply, (b) section 228(2) and (3) apply in relation to B (but this does not prevent section 225 from applying), and (c) section 228(5) applies in relation to S. (12) Subsections (4) to (6) of section 227 apply in relation to elections under this section as they apply in relation to elections under that section.

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70J “Funding lease”

(1) A “funding lease” is a plant or machinery lease (see section 70K) which at its inception meets one or more of the following tests— (a) the finance lease test (see section 70N), (b) the lease payments test (see section 70O), (c) the useful economic life test (see section 70P). (1A) A plant or machinery lease is also a “funding lease” if the plant or machinery is cushion gas. (2) Subsections (1) and (1A) are subject to the following provisions of this section. (3) A plant or machinery lease is not a funding lease if— (a) section 67 applies (plant or machinery treated as owned by person entitled to benefit of contract, etc), and (b) the lease is the contract mentioned in that section. (4) A plant or machinery lease is not a funding lease if— (a) before the commencement of the term of the lease, the lessor has leased the plant or machinery under one or more other plant or machinery leases, (b) in the aggregate, the terms of those other leases exceed 65% of the remaining useful economic life of the plant or machinery at the commencement of the term of the earliest of them, and (c) none of those earlier leases was a funding lease. (5) For the purposes of subsection (4), all persons who were lessors of the plant or machinery before 1st April 2006 are to be treated as if they were the same person as the first lessor of the plant or machinery on or after that date. (6) A plant or machinery lease is not a funding lease in the case of the lessor if— (a) before 1st April 2006, the plant or machinery had, for a period or periods totalling at least 10 years, been the subject of one or more leases, and (b) the lessor under the plant or machinery lease was also lessor of the plant or machinery on the last day before 1st April 2006 on which the plant or machinery was the subject of a lease. (7) In this section “cushion gas” means gas that functions or is intended to function as plant in a particular gas storage facility.

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70K “Plant or machinery lease”

(1) A “plant or machinery lease” is any of the following— (a) any agreement or arrangement to which subsection (2) applies, (b) any other agreement or arrangement, to the extent that subsection (3) applies to it, (c) where plant or machinery is the subject of a sale and finance leaseback, as defined in section 221, the finance lease mentioned in subsection (1)(c) of that section, and “lease”, “lessor”, “lessee” and other related expressions are to be construed accordingly. (2) This subsection applies to an agreement or arrangement— (a) under which a person grants to another person the right to use plant or machinery for a period, and (b) which, in accordance with generally accepted accounting practice, falls (or would fall) to be treated as a lease. (3) This subsection applies to an agreement or arrangement to the extent that— (a) in accordance with generally accepted accounting practice, it falls (or would fall) to be treated as a lease, and (b) it meets the conditions in subsection (4). (4) The conditions are that, for the purposes of generally accepted accounting practice,— (a) the agreement or arrangement conveys, or falls (or would fall) to be regarded as conveying, the right to use an asset, and (b) the asset is plant or machinery. (5) In the case of an agreement or arrangement that falls (or would fall) within subsection (2) or (3) immediately after the commencement of the term of the lease, the condition in subsection (2)(b) or (3)(a) (as the case may be) is to be taken to be met as respects any time in the pre-commencement period. (6) For the purposes of subsection (5), the “pre-commencement period” is the period that— (a) begins with the inception of the lease, and (b) ends with the commencement of the term of the lease.

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70L Plant or machinery leased with other assets: separate derived leases

(1) This section applies in any case where an agreement or arrangement (the “mixed lease”) at any time relates, or is to relate, or has come to relate, to both— (a) plant or machinery of any particular description (the “relevant plant or machinery”), and (b) other assets (whether or not also plant or machinery). (2) A mixed lease is an “eligible mixed lease” if— (a) under generally accepted accounting practice, it falls (or would fall) to be treated as a lease, or (b) the relevant plant or machinery is the subject of a sale and finance leaseback, as defined in section 221, and the mixed lease is or includes the finance lease mentioned in subsection (1)(c) of that section. (3) In the case of an agreement or arrangement that falls (or would fall) within paragraph (a) of subsection (2) immediately after the commencement of the term of the lease, the condition in that paragraph is to be taken to be met as respects any time in the pre-commencement period. (4) For the purposes of subsection (3), the “pre-commencement period” is the period that— (a) begins with the inception of the lease, and (b) ends with the commencement of the term of the lease. (5) Where this section applies— (a) the eligible mixed lease, so far as relating to the relevant plant or machinery, and (b) the eligible mixed lease, so far as relating to other assets, shall be treated for the purposes of this Part (other than this section) as if they were separate agreements or arrangements. (6) Any such notional separate agreement or arrangement is referred to in this Part as a “derived lease”. (7) Section 70M makes further provision with respect to derived leases of plant or machinery.

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70M Derived leases of plant or machinery: term and rentals

(1) This section has effect in any case where, as a result of applying section 70L, there is a derived lease of the relevant plant or machinery. (2) This section makes provision with respect to— (a) determining whether the derived lease is a plant or machinery lease (see subsection (3)), (b) the term of the derived lease (see subsection (4)), (c) the rentals to be regarded as payable under the derived lease (see subsections (5) to (7)). (3) Any question whether the derived lease— (a) is a plant or machinery lease, or (b) if it is such a lease, whether it is also a long funding lease, is to be determined in accordance with the provisions of this Part. (4) The term of the derived lease— (a) is limited to the remaining useful economic life of the relevant plant or machinery at the commencement of the term of the derived lease, but (b) subject to that, is to be determined in accordance with section 70YF (the “term” of a lease). (5) The rentals that are to be regarded as payable under the derived lease shall be such rentals (the “deemed rentals”) as are just and reasonable in all the circumstances of the case. (6) It shall be assumed that rentals under the derived lease are payable in equal instalments throughout the term of the lease, unless it is reasonable to draw a different conclusion from all the circumstances of the case. (7) In determining the amount of any deemed rentals, regard shall be had to— (a) all the provisions of the eligible mixed lease, (b) the nature of the relevant plant or machinery, (c) the value of the relevant plant or machinery at the commencement of the term of the derived lease, (d) the amount which, at the commencement of the term of the derived lease, is expected to be the market value of the relevant plant or machinery at the end of the term of the derived lease, (e) the remaining useful economic life of the relevant plant or machinery at the commencement of the term of the derived lease; (f) the term of the derived lease. (8) Expressions used in section 70L have the same meaning in this section.

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70N The finance lease test

(1) A lease meets the finance lease test in the case of any person if the lease is one which, under generally accepted accounting practice, falls (or would fall) to be treated as a finance lease or a loan in the accounts— (a) of that person, or (b) where that person is the lessor, of any person connected with him. (2) In this section “accounts”, in relation to a company, includes any accounts which— (a) relate to two or more companies of which that company is one, and (b) are drawn up in accordance with generally accepted accounting practice. (3) Where for any period— (a) a person is not within the charge to income tax or corporation tax by reason of not being resident in the United Kingdom, and (b) accounts are not prepared in accordance with international accounting standards or UK generally accepted accounting practice, any question relating to generally accepted accounting practice is to be determined for the purposes of this section by reference to generally accepted accounting practice with respect to accounts prepared in accordance with international accounting standards.

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70O The lease payments test

(1) A lease meets the lease payments test if— (a) the present value of the minimum lease payments (see section 70YE), is equal to (b) 80% or more of the fair value of the leased plant or machinery. (2) The present value of the minimum lease payments is to be calculated by using the interest rate implicit in the lease. (3) In this section “fair value” means— (a) the market value of the leased plant or machinery, less (b) any grants receivable towards the purchase or use of that plant or machinery. (4) For the purposes of this section— (a) the interest rate implicit in the lease is the interest rate that would apply in accordance with normal commercial criteria, including, in particular, generally accepted accounting practice (where applicable), but (b) if a rate cannot be determined in accordance with paragraph (a), the interest rate implicit in the lease is taken to be the incremental borrowing rate. (5) For this purpose, the incremental borrowing rate has the same meaning as it has for accounting purposes. (6) The Treasury may by regulations amend this section for the purpose of replacing references to the incremental borrowing rate with references to another rate.

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70P The useful economic life test

A lease meets the useful economic life test if the term of the lease is more than 65% of the remaining useful economic life of the leased plant or machinery.

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70Q Leases excluded by right of lessor etc to claim capital allowances

(1) A lease is not a long funding lease in the case of the lessee if it is excluded by virtue of subsection (2) (but see also subsection (5)). (2) A lease is excluded if the lessor, or any superior lessor (see subsections (7) to (9)),— (a) is entitled, at the commencement of the term of the lease, to claim a relevant allowance (see subsection (6)), (b) would have been so entitled at that time, but for section 70V (tax avoidance involving international leasing), (c) has at any earlier time been entitled to claim such an allowance, but has not been required to bring a disposal value into account in accordance with section 61(1)(ee), or (d) would fall within any one or more of paragraphs (a) to (c), if he had been within the charge to income tax or corporation tax at the inception of the lease and any earlier times. (3) Where for any period the lessor, or any superior lessor, is a person— (a) who is not within the charge to income tax or corporation tax by reason of not being resident in the United Kingdom, and (b) who does not prepare accounts in accordance with international accounting standards or UK generally accepted accounting practice, subsection (4) applies. (4) In determining whether the condition in subsection (2)(d) is met in any such case, any question relating to generally accepted accounting practice in relation to that person and that period is to be determined by reference to generally accepted accounting practice with respect to accounts prepared in accordance with international accounting standards. (5) A lease is not excluded by virtue of subsection (2) if— (a) the inception of the lease is before 28th June 2006, and (b) by virtue only of section 70J(6), the lease is not a funding lease in the case of the lessor. (6) A “relevant allowance” is an allowance under this Act in respect of the leased plant or machinery. (7) There is a “superior lessor” only if the leased plant or machinery is the subject of a chain of superior leases. (8) Leased plant or machinery is the subject of a chain of superior leases if— (a) the lessor has his interest in relation to the plant or machinery under or by virtue of a lease from a third person (P), or (b) the circumstances are as in paragraph (a), but P has his interest in relation to the plant or machinery under or by virtue of a lease from a fourth person (Q), or (c) the circumstances are as in paragraph (b), but Q has his interest in relation to the plant or machinery under or by virtue of a lease from a fifth person (R), and so on, where there is more than a fifth person involved. (9) Where any leased plant or machinery is the subject of a chain of superior leases, the superior lessors are the persons described in subsection (8) as P, Q, R, and so on. (10) Subsections (6) to (9) have effect for the interpretation of this section.

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70R Excluded leases of background plant or machinery for a building

(1) Construe references to an excluded lease of background plant or machinery for a building in accordance with this section. (2) This section applies where— (a) plant or machinery is affixed to, or otherwise installed in or on, any land which consists of or includes a building, (b) the plant or machinery is background plant or machinery for the building (see subsections (4) and (5)), (c) the plant or machinery is leased with the land under a mixed lease, and (d) none of the disqualifications set out in section 70S applies. (3) In any such case, the derived lease of the plant or machinery is an excluded lease of background plant or machinery for a building. (4) The background plant or machinery for a building is any plant or machinery— (a) which is of such a description that plant or machinery of that description might reasonably be expected to be installed in, or in or on the sites of, a variety of buildings of different descriptions, and (b) whose sole or main purpose is to contribute to the functionality of the building or its site as an environment within which activities can be carried on. (5) Subsection (4) has effect subject to the provisions of any order under section 70T.

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70S The disqualifications

(1) This section sets out the disqualifications mentioned in subsection (2)(d) of section 70R and is to be construed as one with that section. (2) Disqualification A is that the amounts payable— (a) under the mixed lease, or (b) under any other arrangement, vary, or may be varied, by reference to the value from time to time to the lessor of allowances under this Act in respect of expenditure incurred by him in the provision of the background plant or machinery for the building. (3) Disqualification B is that the main purpose, or one of the main purposes, of entering into— (a) the mixed lease, (b) a series of transactions of which the mixed lease is one, or (c) any of the transactions in such a series, is to secure that allowances under this Act are available to the lessor in respect of expenditure incurred in the provision of background plant or machinery for a building.

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70T Orders relating to background plant or machinery for a building

(1) This section supplements section 70R and is to be construed as one with it. (2) The Treasury may by order prescribe— (a) descriptions of plant or machinery to be used as examples of the kinds of plant or machinery that may be regarded as falling within the definition of background plant or machinery for a building in determining whether any particular plant or machinery does or does not fall within that definition; (b) descriptions of plant or machinery to be deemed to be background plant or machinery for a building; (c) descriptions of plant or machinery to be deemed not to be background plant or machinery for a building. (3) An order under this section— (a) may make different provision for different cases (including different descriptions of building), (b) may contain incidental, consequential, supplemental, or transitional provision or savings. (4) The first order made under this section may include provisions having effect in relation to times before the making of the order (but not times earlier than 1st April 2006).

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70U Plant or machinery leased with land: low percentage value

(1) This section applies where— (a) any plant or machinery (the “relevant plant or machinery”) is affixed to, or otherwise installed, in or on any land, (b) the plant or machinery is not background plant or machinery for any building situated in or on the land, (c) the plant or machinery is leased with the land under a mixed lease, and (d) none of the relevant disqualifications applies. (2) For the purposes of this section the “relevant disqualifications” are the disqualifications set out in section 70S, but for this purpose— (a) take the reference in subsection (1) of that section to subsection (2)(d) of section 70R as a reference to this subsection (and, accordingly, construe the second reference to that section as a reference to this section), and (b) take references in section 70S to background plant or machinery for a building as references to relevant plant or machinery. (3) Where this section applies, the derived lease of the relevant plant or machinery is excluded by this section if the condition in subsection (4) is met at the commencement of the term of that lease. (4) The condition is that AMV does not exceed both— (a) 10% of BMV; and (b) 5% of LMV. (5) For that purpose— AMV is the aggregate of— the market value of the relevant plant or machinery, and the market value of any other plant or machinery that falls within subsection (1) in the case of the leased land; BMV is the aggregate market value of all the background plant or machinery leased with the land; LMV is the market value of the land (including buildings and fixtures). (6) For this purpose the market value of any land at any time is to be determined on the assumption of a sale by an absolute owner of the land free from all leases and other encumbrances.

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70V Tax avoidance involving international leasing

(1) This section applies where matters are so arranged that there are plant or machinery leases such that— (a) under a lease by a non-resident, an asset is provided directly or indirectly to a resident, (b) the direct provision of the asset to the resident is by a lease which, in the case of the resident, is a long funding lease or a lease to which section 67 (hire purchase etc) applies, (c) the asset is used by the resident for the purpose of leasing it under a lease (the “relevant lease”) that would not (apart from this section) be a long funding lease in the case of the resident, and (d) under the relevant lease, the asset is provided directly or indirectly (but by a lease) to a non-resident. (2) Subsection (3) applies if the sole or main purpose of arranging matters in that way is to obtain a tax advantage by securing that allowances under this Part are available to a resident by virtue of— (a) section 67 (hire purchase), or (b) section 70A (long funding leases). (3) In any such case, the relevant lease is deemed to be a long funding lease in the case of the resident who is the lessor under it. (4) The reference in this section to a person obtaining a tax advantage (see section 577(4)) also includes a reference to a person obtaining a tax advantage within the meaning of section 1139 of CTA 2010. (5) In this section— “non-resident” means a person who— is not resident in the United Kingdom, and does not use the plant or machinery exclusively for earning profits chargeable to tax; “resident” means a person who— is resident in the United Kingdom, or uses the plant or machinery exclusively for earning profits chargeable to tax.

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70W Transfers, assignments etc by lessor

(1) This section applies in any case where the following conditions are met— (a) a person (the “old lessor”) is lessor of plant or machinery under a plant or machinery lease (the “old lease”), (b) during the term of the lease, the old lessor transfers the plant or machinery to another person (the “new lessor”), (c) the transfer is not the grant of a plant or machinery lease by the old lessor, (d) immediately after the transfer, the new lessor is the lessor of the plant or machinery under a lease (“the new lease”) (whether or not the same lease as the old lease). (2) If it is not otherwise the case,— (a) the old lessor is to be treated as if the old lease terminated immediately before the transfer, and (b) the new lessor is to be treated as if the new lease had been entered into immediately after the transfer. (3) The new lessor is also to be treated as if the date of the transfer were the date of both— (a) the inception of the new lease, and (b) the commencement of the term of the new lease, if it is not otherwise the case. (4) If, immediately before the transfer, the old lease was (or was treated by virtue of this subsection as being) in the case of the old lessor a lease of either of the following descriptions— (a) a long funding lease, or (b) a lease which is not a long funding lease, the new lease is to be treated in the case of the new lessor as being a lease of the same description, if the conditions in subsection (5) are met. (5) The conditions are that— (a) the term of the new lease is the unexpired portion of the term of the old lease, and (b) the amounts receivable under the new lease are the same as would have been receivable under the old lease, assuming it to have continued in effect. (6) If— (a) it is not otherwise the case, and (b) the conditions in subsection (5) are met, the lessee is to be treated as if the old lease and the new lease were the same continuing lease. (7) Any reference in this section to a transfer of plant or machinery by a person includes a reference to— (a) any kind of disposal of, or of the person's interest in, the plant or machinery, (b) any arrangements under which the person's interest in the plant or machinery is terminated and another person becomes lessor of the plant or machinery, (c) in a case where the plant or machinery is a fixture and the person is treated under section 176 as the owner, any cessation of ownership under section 188, 190, 191, 192 or 192A.

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70X Transfers, assignments etc by lessee

(1) This section applies in any case where the following conditions are met— (a) a person (the “old lessee”) is lessee of plant or machinery under a plant or machinery lease (the “old lease”), (b) during the term of the lease, the old lessee transfers the plant or machinery to another person (the “new lessee”), (c) the transfer is not the grant of a plant or machinery lease by the old lessee, (d) immediately after the transfer, the new lessee is the lessee of the plant or machinery under a lease (“the new lease”) (whether or not the same lease as the old lease). (2) If it is not otherwise the case,— (a) the old lessee is to be treated as if the old lease terminated immediately before the transfer, and (b) the new lessee is to be treated as if the new lease had been entered into immediately after the transfer. (3) The new lessee is also to be treated as if the date of the transfer were the date of both— (a) the inception of the new lease, and (b) the commencement of the term of the new lease, if it is not otherwise the case. (4) If, immediately before the transfer, the old lease was (or was treated by virtue of this subsection as being) in the case of the old lessee a lease of one of the following descriptions— (a) a long funding lease, or (b) a lease which is not a long funding lease, the new lease is to be treated in the case of the new lessee as being a lease of the same description, if the conditions in subsection (5) are met. (5) The conditions are that— (a) the term of the new lease is the unexpired portion of the term of the old lease, and (b) the amounts payable under the new lease are the same as would have been payable under the old lease, assuming it to have continued in effect. (6) If— (a) it is not otherwise the case, and (b) the conditions in subsection (5) are met, the lessor is to be treated as if the old lease and the new lease were the same continuing lease. (7) Any reference in this section to a transfer of plant or machinery by a person includes a reference to— (a) any kind of disposal of, or of the person's interest in, the plant or machinery, (b) any arrangements under which the person's interest in the plant or machinery is terminated and another person becomes lessee of the plant or machinery, (c) in a case where the plant or machinery is a fixture and the person is treated under section 176 as the owner, any cessation of ownership under section 188, 190, 191, 192 or 192A.

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70Y Sale and leaseback, lease and leaseback etc: lessors

(1) Where— (a) a person (B) transfers plant or machinery to another person (A), (b) the plant or machinery is directly or indirectly leased back to B, and (c) immediately before the commencement of the term of the lease back to B, B is the lessor of the plant or machinery to another person under a lease which is, in B's case, a long funding lease, the lease back to B is, in the case of both A and B, a long funding lease. (2) If, in any such case, the plant or machinery is leased back from A to B indirectly, any leases by means of which the indirect lease back from A to B is effected are also long funding leases in the case of each of the parties to them. (3) Any reference in this section to a transfer of plant or machinery by a person includes a reference to— (a) any kind of disposal of, or of the person's interest in, the plant or machinery (including the grant of a lease), (b) any arrangements under which the person's interest in the plant or machinery is terminated and another person becomes entitled to, or to an interest in, the plant or machinery, (c) in a case where the plant or machinery is a fixture and the person is treated under section 176 as the owner, any cessation of ownership under section 188, 190, 191, 192 or 192A.

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70YA Change in accountancy classification of long funding lease

(1) This section applies in any case where— (a) a person is lessor or lessee under a long funding lease, and (b) at any time after the inception of the lease, the accountancy classification of the lease as a finance lease, an operating lease or a right-of-use lease changes in the relevant accounts. (2) The person is to be treated as if— (a) the lease had terminated immediately before the time of the change, (b) another lease (the “new lease”) had been entered into immediately after the time of the change, and (c) the new lease were a long funding lease in the case of the lessor. (3) The person is also to be treated as if the date on which the change occurs were the date of both— (a) the inception of the new lease, and (b) the commencement of the term of the new lease. (4) The cases where the accountancy classification of a long funding lease as a finance lease, an operating lease or a right-of-use lease changes at any time (the “relevant time”) in the relevant accounts are those set out in subsections (5) to (6A). (5) Case 1 is where— (a) immediately before the relevant time, the lease is one that falls (or would fall) to be treated in the relevant accounts in accordance with generally accepted accounting practice as a finance lease for accounting purposes, ... (b) at the relevant time the lease becomes one that falls (or would fall) to be treated in the relevant accounts in accordance with generally accepted accounting practice as not being a finance lease for accounting purposes and (c) the change of classification is not a relevant change of classification. (6) Case 2 is where— (a) immediately before the relevant time, the lease is one that falls (or would fall) to be treated in the relevant accounts in accordance with generally accepted accounting practice as not being a finance lease for accounting purposes, ... (b) at the relevant time the lease becomes one that falls (or would fall) to be treated in the relevant accounts in accordance with generally accepted accounting practice as a finance lease for accounting purposes and (c) the change of classification is not a relevant change of classification. (6A) Case 3 is where— (a) immediately before the relevant time, the lease is a right-of-use lease which is a long funding finance lease, and (b) at the relevant time, the lease becomes one which— (i) is not a right-of use lease, and (ii) falls (or would fall) to be treated in the relevant accounts in accordance with generally accepted accounting practice as not being a finance lease. (7) The Treasury may by regulations make provision for or in connection with restricting the application or operation of this section. (8) In this section, any reference to a finance lease includes a reference to a loan. (9) In the application of this section in relation to any person, the “relevant accounts” are the accounts— (a) of that person, or (b) where that person is the lessor, of any person connected with that person, but only to the extent that the treatment of the lease in those accounts as a finance lease or otherwise falls (or would fall) to be determined by reference to that person as the lessor or lessee under the lease. (10) Subsections (2) and (3) of section 70N (finance lease test: group accounts, and generally accepted accounting practice for persons outside the charge to tax) also apply for the purposes of this section. (11) In this section— “relevant change of classification” means a change of accountancy classification as a result of the person adopting a different accounting standard or a change to an accounting standard, and “accounting standard” means any accounting standard issued or recognised by— the Accounting Standards Board (or successor body), or the International Accounting Standards Board (or successor body).

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