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Royal ArmsCapital Allowances Act 2001

2001 Chapter 2


 

© Crown Copyright 2001

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Capital Allowances Act 2001

2001 Chapter 2

 
 
 
CONTENTS

PART 1
INTRODUCTION
CHAPTER 1
CAPITAL ALLOWANCES: GENERAL
Section 
1Capital allowances
2General means of giving effect to capital allowances
3Claims for capital allowances
4Capital expenditure
5When capital expenditure is incurred
6Meaning of "chargeable period"

CHAPTER 2
EXCLUSION OF DOUBLE RELIEF
7No double allowances
8No double relief through pooling under Part 2 (plant and machinery allowances)
9Interaction between fixtures claims and other claims
10Interpretation

PART 2
PLANT AND MACHINERY ALLOWANCES
CHAPTER 1
INTRODUCTION
11General conditions as to availability of plant and machinery allowances
12Expenditure incurred before qualifying activity carried on
13Use for qualifying activity of plant or machinery provided for other purposes
14Use for qualifying activity of plant or machinery which is a gift

CHAPTER 2
QUALIFYING ACTIVITIES
15Qualifying activities
16Ordinary Schedule A businesses
17Furnished holiday lettings businesses
18Management of investment companies
19Special leasing of plant or machinery
20Employments and offices

CHAPTER 3
QUALIFYING EXPENDITURE
Buildings, structures and land
21Buildings
22Structures, assets and works
23Expenditure unaffected by sections 21 and 22
24Interests in land
25Building alterations connected with installation of plant or machinery

Demolition costs
26Demolition costs

Expenditure on thermal insulation, safety measures, etc.
27Application of Part to thermal insulation, safety measures, etc.
28Thermal insulation of industrial buildings
29Fire safety
30Safety at designated sports grounds
31Safety at regulated stands at sports grounds
32Safety at other sports grounds
33Personal security

Exclusion of certain types of expenditure
34Expenditure by MPs and others on accommodation
35Expenditure on plant or machinery for use in dwelling-house not qualifying expenditure in certain cases
36Restriction on qualifying expenditure in case of employment or office
37Exclusion where sums payable in respect of depreciation
38Production animals etc.

CHAPTER 4
FIRST-YEAR QUALIFYING EXPENDITURE
General
39First-year allowances available for certain types of qualifying expenditure only

Types of expenditure which may qualify for first-year allowances
40Expenditure incurred for Northern Ireland purposes by small or medium-sized enterprises
41Miscellaneous exclusions from section 40 (expenditure for Northern Ireland purposes etc.)
42Exclusion of plant or machinery partly for use outside Northern Ireland
43Effect of plant or machinery subsequently being primarily for use outside Northern Ireland
44Expenditure incurred by small or medium-sized enterprises
45ICT expenditure incurred by small enterprises
46General exclusions applying to sections 40, 44 and 45

Expenditure of small or medium-sized enterprises
47Expenditure of small or medium-sized enterprises: companies
48Expenditure of small or medium-sized enterprises: businesses
49Whether company is a member of a large or medium-sized group

Supplementary
50Time when expenditure is incurred
51Disclosure of information between UK tax authorities

CHAPTER 5
ALLOWANCES AND CHARGES
First-year allowances
52First-year allowances

Pooling
53Pooling of qualifying expenditure
54The different kinds of pools

Writing-down and balancing allowances and balancing charges
55Determination of entitlement or liability
56Amount of allowances and charges

Available qualifying expenditure
57Available qualifying expenditure
58Initial allocation of qualifying expenditure to pools
59Unrelieved qualifying expenditure

Disposal events and disposal values: general
60Meaning of "disposal receipt" and "disposal event"
61Disposal events and disposal values
62General limit on amount of disposal value
63Cases in which disposal value is nil
64Case in which no disposal value need be brought into account

The final chargeable period
65The final chargeable period

List of provisions outside this Chapter about disposal values
66List of provisions outside this Chapter about disposal values

CHAPTER 6
HIRE-PURCHASE ETC. AND PLANT OR MACHINERY PROVIDED BY LESSEE
Hire-purchase and similar contracts
67Plant or machinery treated as owned by person entitled to benefit of contract, etc.
68Disposal value on cessation of notional ownership
69Hire-purchase etc. and fixtures

Plant or machinery provided by lessee
70Plant or machinery provided by lessee

CHAPTER 7
COMPUTER SOFTWARE
71Software and rights to software
72Disposal values
73Limit on disposal values

CHAPTER 8
CARS, ETC.
Cars above the cost threshold
74Single asset pool
75General limit on amount of writing-down allowance
76Limit where part of expenditure met by another person
77Car used partly for purposes other than those of qualifying activity
78Effect of partial depreciation subsidy
79Cases where Chapter 17 (anti-avoidance) applies

Vehicles provided for purposes of employment or office
80Vehicles provided for purposes of employment or office

Interpretation
81Extended meaning of "car"
82Qualifying hire cars

CHAPTER 9
SHORT-LIFE ASSETS
83Meaning of "short-life asset"
84Cases in which short-life asset treatment is ruled out
85Election for short-life asset treatment: procedure
86Short-life asset pool
87Short-life assets provided for leasing
88Sales at under-value
89Disposal to connected person

CHAPTER 10
LONG-LIFE ASSETS
Long-life asset expenditure
90Long-life asset expenditure
91Meaning of "long-life asset"
92Application of Chapter to part of expenditure

Expenditure excluded from being long-life asset expenditure
93Fixtures etc.
94Ships
95Railway assets
96Cars
97Expenditure within the relevant monetary limit: general
98Expenditure to which the monetary limits apply
99The monetary limit
100Exceeding the monetary limit

Rules applying to long-life asset expenditure
101Long-life asset pool
102Writing-down allowances at 6%

Anti-avoidance provisions
103Later claims
104Disposal value of long-life assets

CHAPTER 11
OVERSEAS LEASING
Basic terms
105"Leasing", "overseas leasing" etc.
106The designated period

Certain expenditure to be pooled
107The overseas leasing pool
108Effect of disposal to connected person on overseas leasing pool

Allowances reduced or, in certain cases, prohibited
109Writing-down allowances at 10%
110Cases where allowances are prohibited

Recovery of excess allowances
111Excess allowances: standard recovery mechanism
112Excess allowances: connected persons
113Excess allowances: special provision for ships

Recovery of allowances given in cases where prohibition applies
114Prohibited allowances: standard recovery mechanism
115Prohibited allowances: connected persons

Application of Chapter in relation to joint lessees
116Mitigation of regime
117Recovery of allowances in case of joint lessees

Duties to supply information
118Certificate relating to protected leasing
119Notice of change of use of plant or machinery
120Notice and joint lessees

Qualifying purposes
121Meaning of "short-term leasing"
122Short-term leasing by buyer, lessee, etc.
123Ships and aircraft
124Transport containers
125Other qualifying purposes

Minor definitions
126Minor definitions

CHAPTER 12
SHIPS
Pooling and postponement of allowances
127Single ship pool
128Expenditure which is not to be allocated to single ship pool
129Election to use the appropriate non-ship pool
130Notice postponing first-year or writing-down allowance
131Effect of postponement
132Disposal events and single ship pool
133Ship not used

Deferment of balancing charges
134Deferment of balancing charges: introduction
135Claim for deferment
136Further conditions for deferment
137Effect of deferment
138Limit on amount deferred
139Amount taken into account in respect of old ship

Attribution of deferred amounts
140Notice attributing deferred amounts to new expenditure
141Deferred amounts attributed to earlier expenditure first
142Variation of attribution
143Effect of attribution
144Amounts which cease to be attributable
145Requirement to notify where no entitlement to defer amounts

Expenditure on new shipping
146Basic meaning of expenditure on new shipping
147Exclusions: ship previously owned
148Exclusions: object to secure deferment
149Exclusions: later events
150Exclusions where expenditure not incurred by shipowner

Qualifying ships
151Basic meaning of qualifying ship
152Ships under 100 tons
153Ships which are not qualifying ships
154Further registration requirement

Deferment of balancing charges: supplementary provisions
155Change in the persons carrying on the qualifying activity
156Connected persons

Further provisions
157Adjustment of assessments etc.
158Members of same group

CHAPTER 13
PROVISIONS AFFECTING MINING AND OIL INDUSTRIES
Expenditure connected with mineral extraction trades
159Meaning of "mineral extraction trade" etc.
160Expenditure treated as incurred for purposes of mineral extraction trade
161Pre-trading expenditure on mineral exploration and access

Provisions relating to ring fence trades
162Ring fence trade a separate qualifying activity
163Meaning of "abandonment expenditure"
164Abandonment expenditure incurred before cessation of ring fence trade
165Abandonment expenditure within 3 years of ceasing ring fence trade

Transfers of interests in oil fields: anti-avoidance
166Transfers of interests in oil fields: anti-avoidance

Oil production sharing contracts
167Oil production sharing contracts
168Expenditure on plant or machinery incurred by contractor
169Expenditure on plant or machinery incurred by participator
170Participator's expenditure attributable to plant or machinery
171Disposal values on cessation of ownership

CHAPTER 14
FIXTURES
Introduction
172Scope of Chapter etc.
173Meaning of "fixture" and "relevant land"
174Meaning of "equipment lease" and "lease"
175Meaning of "interest in land", etc.

Persons who are treated as owners of fixtures
176Person with interest in relevant land having fixture for purposes of qualifying activity
177Equipment lessors
178Equipment lessee has qualifying activity etc.
179Equipment lessor has right to sever fixture that is not part of building
180Equipment lease is part of affordable warmth programme
181Purchaser of land giving consideration for fixture
182Purchaser of land discharging obligations of equipment lessee