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Capital Allowances Act 2001

Section 567: Sales treated as being for alternative amount: introductory

1966.This section is based on section 157(1)(a) of CAA 1990. It applies sections 568 to 570 and defines the tests – control and tax advantage – which decide if they can apply.

1967.Subsection (2) defines the “control test”. This is not a term used in this Act outside sections 567 to 570.

1968.Subsection (3) clarifies “body or persons” in subsection (2).

1969.Subsection (4) defines the “tax advantage test” for the purposes of these sections. This term is also not used elsewhere in the Act.

1970.Subsection (5) introduces the rule from section 152B(10) of CAA 1990 that section 157 shall not apply if section 152B applies (transfer of a UK trade, rewritten in section 561).

1971.Section 157(3) of CAA 1990 is not rewritten. This is because this section and sections 569 and 570 clearly apply to non-resident persons without an explicit statement to that effect. See Note 73 in Annex 2.

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