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Capital Allowances Act 2001

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This is the original version (as it was originally enacted).

Additional VAT liability

235Additional VAT liability treated as qualifying expenditure

(1)This section applies if a person—

(a)has incurred qualifying expenditure (“the original expenditure”), and

(b)incurs an additional VAT liability in respect of the original expenditure at a time when the plant or machinery is provided for the purposes of the qualifying activity.

(2)The additional VAT liability is to be treated as qualifying expenditure—

(a)which is incurred on the same plant or machinery as the original expenditure, and

(b)which may be taken into account in determining the person’s available qualifying expenditure for the chargeable period in which the additional VAT liability accrues.

236Additional VAT liability generates first-year allowance

(1)Subsection (2) applies if—

(a)the original expenditure was first-year qualifying expenditure, and

(b)the additional VAT liability is incurred at a time when the plant or machinery is provided for the purposes of the qualifying activity.

(2)The additional VAT liability is to be regarded for the purposes of this Part as first-year qualifying expenditure which—

(a)is incurred on the same plant or machinery and is the same type of first-year qualifying expenditure as the original expenditure, and

(b)entitles the person incurring the liability to a first-year allowance for the chargeable period in which the liability accrues.

(3)Subsections (3) and (4) of section 52 apply to first-year qualifying expenditure constituted by the additional VAT liability as they apply to other first-year qualifying expenditure.

(4)This section is subject to sections 237 and 241.

237Exceptions to section 236

(1)An additional VAT liability is not first-year qualifying expenditure if at the time when the liability is incurred the plant or machinery is used for overseas leasing which is not protected leasing.

(2)An additional VAT liability is not first-year qualifying expenditure if, at the time when the liability is incurred, the original expenditure is treated under section 43 (plant or machinery subsequently primarily for use outside Northern Ireland) as expenditure which was never first-year qualifying expenditure.

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