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Capital Allowances Act 2001

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This is the original version (as it was originally enacted).

Cases in which a person is entitled to a balancing allowance

426Pre-trading expenditure

A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if—

(a)the expenditure is qualifying expenditure under—

(i)section 401(4) (pre-trading exploration expenditure where exploration etc. has ceased before first day of trading), or

(ii)section 402 (pre-trading expenditure on plant or machinery), and

(b)the first day of trading occurs in that chargeable period.

427Giving up exploration, search or inquiry

A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if—

(a)the qualifying expenditure is expenditure on mineral exploration and access,

(b)he gives up the exploration, search or inquiry to which the expenditure related in that chargeable period, and

(c)he does not then or later carry on a mineral extraction trade which consists of or includes the working of mineral deposits to which the expenditure related.

428Ceasing to work mineral deposits

(1)A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if—

(a)in that chargeable period he permanently ceases to work particular mineral deposits, and

(b)the qualifying expenditure is expenditure incurred—

(i)on mineral exploration and access relating solely to those deposits, or

(ii)on acquiring a mineral asset consisting of those deposits or part of them.

(2)If the person carrying on the mineral extraction trade is entitled to two or more mineral assets which at any time were—

(a)comprised in a single mineral asset, or

(b)otherwise derived from a single mineral asset,

subsection (1) does not apply until such time as the person permanently ceases to work the deposits comprised in all the mineral assets concerned taken together.

(3)For the purposes of subsection (2), if a mineral asset relates to, but does not actually consist of, mineral deposits, the deposits to which the asset relates are to be treated as comprised in the asset.

429Buildings etc. for benefit of employees abroad ceasing to be used

A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if—

(a)the expenditure is qualifying expenditure under section 415 (contributions to buildings or works for benefit of employees abroad), and

(b)in that chargeable period the buildings or works permanently cease to be used for the purposes of or in connection with the mineral extraction trade.

430Disposal of asset, etc.

(1)A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if—

(a)the qualifying expenditure was incurred on the provision of any assets, and

(b)in that chargeable period any of those assets—

(i)is disposed of, or

(ii)otherwise permanently ceases to be used by him for the purposes of the mineral extraction trade.

(2)A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if any of the following events occurs in that chargeable period in relation to assets representing the qualifying expenditure—

(a)the person loses possession of the assets in circumstances where it is reasonable to assume that the loss is permanent;

(b)the assets cease to exist as such (as a result of destruction, dismantling or otherwise);

(c)the assets begin to be used wholly or partly for purposes other than those of the mineral extraction trade carried on by the person.

431Discontinuance of trade

A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if in that chargeable period the mineral extraction trade is permanently discontinued.

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