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Finance Act 2012

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Capital allowancesE+W+S+N.I.

41Plant and machinery: restricting exception for manufacturers and suppliersE+W+S+N.I.

(1)In section 230 of CAA 2001 (exception for manufacturers and suppliers), in subsection (1), for “restrictions in sections 217 and 218 do” substitute “ restriction in section 218 does ”.

(2)The amendment made by subsection (1) has effect in relation to expenditure of B's that is incurred on or after 12 August 2011 (regardless of when the relevant transaction was entered into).

(3)But, in relation to any such expenditure that is incurred before the next amendment date, the restriction in section 217 of CAA 2001 does not apply (despite subsection (1)) if B can show that the condition in subsection (4) is met.

(4)The condition is that, had the amendments made by paragraphs 1 to 7 of Schedule 9 had effect in relation to the expenditure, the restriction in section 217 would not have applied.

(5)The next amendment date” means the date defined in paragraph 9 of Schedule 9 as the start date.

42Plant and machinery allowances: anti-avoidanceE+W+S+N.I.

Schedule 9 contains provision to counter abuse of Part 2 of CAA 2001.

43Plant and machinery allowances: fixturesE+W+S+N.I.

Schedule 10 contains provision about plant and machinery allowances in respect of fixtures.

44Expenditure on plant and machinery for use in designated assisted areasE+W+S+N.I.

Schedule 11 contains provision about first-year allowances in respect of expenditure on plant and machinery for use in designated assisted areas.

45Allowances for energy-saving plant and machineryE+W+S+N.I.

(1)Part 2 of CAA 2001 (plant and machinery allowances) is amended as follows.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 104A (special rate expenditure)—

(a)in subsection (1), omit the “and” after paragraph (e), and after paragraph (f) insert , and

(g)expenditure incurred on or after the third relevant date on the provision of solar panels., and

(b)after subsection (3) insert—

(3A)The third relevant date is—

(a)for corporation tax purposes, 1 April 2012, and

(b)for income tax purposes, 6 April 2012.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 45(2) repealed (with effect in accordance with s. 33(5) of the amending Act) by Finance Act 2019 (c. 1), s. 33(2)(c)(ix)(a)

F2S. 45(3) repealed (with effect in accordance with s. 33(5) of the amending Act) by Finance Act 2019 (c. 1), s. 33(2)(c)(ix)(a)

46Plant and machinery: long funding leasesE+W+S+N.I.

(1)Section 70E of CAA 2001 (disposal events and disposal values) is amended as follows.

(2)In subsection (2A), for the definition of “R” substitute—

R is the sum of—

(a)any relevant rebate (see subsections (2F) and (2G)), and

(b)any other relevant lease-related payment (see subsections (2FA) and (2G)).

(3)After subsection (2F) insert—

(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.

(4)For subsection (2G) substitute—

(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.

(5)The amendments made by this section have effect in relation to cases where the relevant event occurs on or after 21 March 2012.

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