Modifications etc. (not altering text)
C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7
Modifications etc. (not altering text)
C2Pt. 2 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 12 (with Sch. 10 para. 17(1)); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
C3 Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 10, 22 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1
C4 Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 9(2), 21(2) (with s. 38(2)); S.I. 2004/2575, art. 2(1) , Sch. 1
C5 Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 4 ; S.I. 2004/2575 , art. 2(1) , Sch. 1
C6Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19
C7Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35
C8Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37
C9Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24
C10Pt. 2 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 73(7)-(11) (with s. 73(6))
C11Pt. 2 modified (10.6.2021) by Finance Act 2021 (c. 26), s. 9(1)(a)
C12Pt. 2 modified (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 7
(1)If—
(a)expenditure is incurred on the provision of plant or machinery, and
(b)before the expenditure has qualified for a normal writing-down allowance, the plant or machinery is used for overseas leasing which is protected leasing,
a claim for a writing-down allowance which takes account of that expenditure must be accompanied by a certificate.
(2)The certificate must specify—
(a)the description of protected leasing,
(b)the person to whom the plant or machinery has been leased, and
(c)if the certificate is given by reference to a chargeable period, all the items of plant or machinery (if more than one) relevant to that period.
(3)Subsection (1) applies, for the purposes of claims to first-year allowances, as if the references to a normal writing-down allowance and to a writing-down allowance included a first-year allowance.
(4)But nothing in subsection (3) prevents subsection (1) from continuing to apply if the use for protected leasing occurs after the expenditure has qualified for one allowance and before it qualifies for another.
(1)If—
(a)any expenditure on plant or machinery has qualified for a first-year allowance or a normal writing-down allowance, and
(b)the plant or machinery is subsequently used at any time in the designated period for overseas leasing which is not protected leasing,
the person who then owns the plant or machinery must give notice of the fact to [F1an officer of Revenue and Customs].
(2)The notice must specify—
(a)the person who is not resident in the United Kingdom to whom the plant or machinery has been leased, and
(b)if the notice is given by reference to a chargeable period, all the items of plant or machinery (if more than one) relevant to that period.
(3)The notice must be given—
(a)no later than 3 months after the end of the chargeable period in which the plant or machinery is first used for overseas leasing which is not protected leasing, or
(b)if at the end of the 3 months the person required to give the notice does not know and cannot reasonably be expected to know that the plant or machinery is being so used, within 30 days of coming to know of it.
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 83(1); S.I. 2005/1126, art. 2(2)(h)
(1)If expenditure is incurred on the provision of plant or machinery which is leased as described in section 116(1) (joint lessees: mitigation of regime), the lessor must give notice to [F1an officer of Revenue and Customs].
(2)A notice under subsection (1) must specify—
(a)the names and addresses of the persons to whom the asset is jointly leased,
(b)the part of the expenditure properly attributable to each of them, and
(c)which of them (so far as the lessor knows) is resident in the United Kingdom.
(3)If circumstances occur such that section 117(1) or (2) (recovery of allowances) applies, the person who is then the lessor must give notice of the fact to [F1an officer of Revenue and Customs].
(4)A notice under subsection (3) must specify—
(a)any of the joint lessees who is not resident in the United Kingdom to whom the plant or machinery has been leased, and
(b)if it is given by reference to a chargeable period, all the items of plant or machinery (if more than one) relevant to that period.
(5)A notice under this section must be given—
(a)no later than 3 months after the end of the chargeable period in which the plant or machinery is first leased as described in section 116(1) or (as the case may be) in which the circumstances referred to in subsection (3) occur, or
(b)if at the end of the 3 months the person required to give the notice does not know and cannot reasonably be expected to know that the plant or machinery is being so used, within 30 days of coming to know of it.
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 83(1); S.I. 2005/1126, art. 2(2)(h)