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Capital Allowances Act 2001

Status:

This is the original version (as it was originally enacted).

Persons who are treated as owners of fixtures

176Person with interest in relevant land having fixture for purposes of qualifying activity

(1)If—

(a)a person incurs capital expenditure on the provision of plant or machinery for the purposes of a qualifying activity carried on by him,

(b)the plant or machinery becomes a fixture, and

(c)that person has an interest in the relevant land at the time the plant or machinery becomes a fixture,

that person is to be treated, on and after that time, as the owner of the fixture as a result of incurring the expenditure.

(2)If there are two or more persons with different interests in the relevant land who would be treated as the owner of the same fixture as a result of subsection (1), one interest only is taken into account under that subsection.

(3)The interest to be taken into account is given by the following rules—

  • Rule 1

    If one of the interests is an easement or servitude or any agreement to acquire an easement or servitude, that interest is the interest to be taken into account.

  • Rule 2

    If Rule 1 does not apply, but one of the interests is a licence to occupy land, that interest is the interest to be taken into account.

  • Rule 3

    In any other case—

    (a)

    except in Scotland, the interest to be taken into account is the interest which is not in reversion (at law or in equity and whether directly or indirectly) on any other interest in the relevant land which is held by any of the persons referred to in subsection (2), and

    (b)

    in Scotland, the interest to be taken into account is the interest of whichever of the persons referred to in subsection (2) has, or last had, the right of use of the relevant land.

(4)Subsection (1) is subject to section 177(4).

177Equipment lessors

(1)If—

(a)the conditions in—

(i)section 178 (equipment lessee has qualifying activity etc.),

(ii)section 179 (equipment lessor has right to sever fixture that is not part of building), or

(iii)section 180 (equipment lease is part of affordable warmth programme),

are met in relation to an equipment lease,

(b)the equipment lessor and the equipment lessee are not connected persons, and

(c)they elect that this section should apply,

the equipment lessor is to be treated, on and after the relevant time, as the owner of the fixture as a result of incurring the capital expenditure on the provision of the plant or machinery that is the subject of the equipment lease.

(2)The relevant time for the purposes of subsection (1) is (unless subsection (3) applies) the time when the equipment lessor incurs the expenditure.

(3)If—

(a)the conditions in section 178 are met in relation to an equipment lease (but the conditions in sections 179 and 180 are not), and

(b)the equipment lessor incurs the capital expenditure before the equipment lessee begins to carry on the qualifying activity,

the relevant time is the time when the equipment lessee begins to carry on the qualifying activity.

(4)If an election is made under this section, the equipment lessee is not to be treated under section 176 as the owner of the fixture.

(5)An election under this section must be made by notice to the Inland Revenue—

(a)for income tax purposes, on or before the normal time limit for amending a tax return for the tax year in which the relevant chargeable period ends;

(b)for corporation tax purposes, no later than 2 years after the end of the relevant chargeable period.

(6)“The relevant chargeable period” means the chargeable period in which the capital expenditure was incurred.

178Equipment lessee has qualifying activity etc.

The conditions referred to in section 177(1)(a)(i) are that—

(a)the equipment lease is for the lease of the plant or machinery for the purposes of a qualifying activity which is, or is to be, carried on by the equipment lessee,

(b)if the equipment lessee had incurred the capital expenditure incurred by the equipment lessor on the provision of the plant or machinery that is the subject of the equipment lease, he would, as a result of section 176, have been entitled to an allowance in respect of it, and

(c)the equipment lease is not for the lease of the plant or machinery for use in a dwelling-house.

179Equipment lessor has right to sever fixture that is not part of building

(1)The conditions referred to in section 177(1)(a)(ii) are that—

(a)the plant or machinery becomes a fixture by being fixed to land that is neither a building nor part of a building,

(b)the equipment lessee has an interest in the land when taking possession of the plant or machinery under the equipment lease,

(c)under the terms of the equipment lease, the equipment lessor is entitled to sever the plant or machinery, at the end of the period for which it is leased, from the land to which it is fixed at that time,

(d)under the terms of the equipment lease, the equipment lessor will own the plant or machinery on its severance in accordance with the equipment lease,

(e)the nature of the plant or machinery and the way in which it is fixed to land are such that its use on one set of premises does not, to any material extent, prevent it from being used, once severed, for the same purposes on a different set of premises,

(f)the equipment lease is one which under normal accountancy practice falls (or would fall) to be treated in the accounts of the equipment lessor as an operating lease, and

(g)the equipment lease is not for the lease of the plant or machinery for use in a dwelling-house.

(2)For the purposes of applying subsection (1)(f), the equipment lessor is to be treated as being a company incorporated in a part of the United Kingdom.

180Equipment lease is part of affordable warmth programme

(1)The conditions referred to in section 177(1)(a)(iii) are that—

(a)the plant or machinery which is the subject of the equipment lease consists of a boiler, heat exchanger, radiator or heating control that is installed in a building as part of a space or water heating system,

(b)the expenditure of the equipment lessor is incurred before 1st January 2008, and

(c)the equipment lease is approved for the purposes of this section as entered into as part of the affordable warmth programme.

(2)The approval mentioned in subsection (1)(c) may be given, with the consent of the Treasury—

(a)by the Secretary of State;

(b)in the case of buildings in Scotland, by the Scottish Ministers;

(c)in the case of buildings in Wales, by the National Assembly for Wales;

(d)in the case of buildings in Northern Ireland, by the Department for Social Development in Northern Ireland.

(3)If an approval is withdrawn, it is to be treated for the purposes of subsection (1)(c) as never having had effect.

181Purchaser of land giving consideration for fixture

(1)If—

(a)after any plant or machinery has become a fixture, a person (“the purchaser”) acquires an interest in the relevant land,

(b)that interest was in existence before the purchaser’s acquisition of it, and

(c)the consideration which the purchaser gives for the interest is or includes a capital sum that, in whole or in part, falls to be treated for the purposes of this Part as expenditure on the provision of the fixture,

the purchaser is to be treated, on and after the time of the acquisition, as the owner of the fixture as a result of incurring that expenditure.

(2)Subsection (1) does not apply, and is to be treated as never having applied, if—

(a)immediately after the time of the acquisition, any person holds another interest in any land in which the whole or any part of the relevant land is comprised, and

(b)the person holding that other interest has a prior right in relation to the fixture.

(3)For the purposes of subsection (2)(b), the person holding the other interest has a prior right in relation to the fixture if he—

(a)is treated as the owner of the fixture immediately before the time referred to in subsection (2)(a) as a result of incurring expenditure on the provision of the fixture,

(b)is not so treated as a result of section 538 (contribution allowances for plant and machinery),

(c)is entitled to an allowance in respect of that expenditure, and

(d)makes or has made a claim in respect of that expenditure.

(4)Subsection (1) is subject to section 182.

182Purchaser of land discharging obligations of equipment lessee

(1)If—

(a)after any plant or machinery has become a fixture, a person (“the purchaser”) acquires an interest in the relevant land,

(b)that interest was in existence before the purchaser’s acquisition of it,

(c)before that acquisition, the plant or machinery was let under an equipment lease, and

(d)in connection with that acquisition, the purchaser pays a capital sum to discharge the obligations of the equipment lessee under the equipment lease,

the purchaser is to be treated, on and after the time of the acquisition, as the owner of the fixture as a result of incurring expenditure, consisting of that capital sum, on the provision of the fixture.

(2)Subsection (1) does not apply, and is to be treated as never having applied, if—

(a)immediately after the time of the acquisition, any person holds another interest in any land in which the whole or any part of the relevant land is comprised, and

(b)the person holding that other interest has a prior right in relation to the fixture.

(3)Section 181(3) (test for whether the person holding the other interest has a prior right) applies for the purposes of subsection (2)(b).

183Incoming lessee where lessor entitled to allowances

(1)If—

(a)after any plant or machinery has become a fixture, a person (“the lessor”) who has an interest in the relevant land grants a lease,

(b)the lessor is entitled to an allowance in respect of the fixture for the chargeable period in which the lease is granted or would be if he were within the charge to tax,

(c)the consideration which the lessee gives for the lease is or includes a capital sum that, in whole or in part, falls to be treated for the purposes of this Part as expenditure on the provision of the fixture,

(d)the lessor and the lessee are not connected persons, and

(e)the lessor and the lessee make an election under this section,

the lessee is to be treated, on and after the time when the lease is granted, as the owner of the fixture as a result of incurring that expenditure.

(2)An election under this section must be made by notice to the Inland Revenue within 2 years after the date on which the lease takes effect.

184Incoming lessee where lessor not entitled to allowances

(1)If—

(a)after any plant or machinery has become a fixture, a person (“the lessor”) who has an interest in the relevant land grants a lease,

(b)the lessor is not within section 183(1)(b),

(c)before the lease is granted, the fixture has not been used for the purposes of a qualifying activity carried on by the lessor or any person connected with the lessor, and

(d)the consideration which the lessee gives for the lease is or includes a capital sum that, in whole or in part, falls to be treated for the purposes of this Part as expenditure on the provision of the fixture,

the lessee is to be treated, on and after the time when the lease is granted, as the owner of the fixture as a result of incurring that expenditure.

(2)Subsection (1) does not apply, and is to be treated as never having applied, if—

(a)immediately after the time when the lease is granted, any person holds another interest in any land in which the whole or any part of the relevant land is comprised, and

(b)the person holding that other interest has a prior right in relation to the fixture.

(3)Section 181(3) (test for whether the person holding the other interest has a prior right) applies for the purposes of subsection (2)(b).

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