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Capital Allowances Act 2001

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This is the original version (as it was originally enacted).

Writing-down and balancing allowances

487Writing-down allowances

(1)A person is entitled to a writing-down allowance for a chargeable period if—

(a)qualifying expenditure has been incurred on dredging,

(b)at any time during the chargeable period, the person is carrying on the qualifying trade for the purposes of which the qualifying expenditure was incurred, and

(c)that time falls within the writing-down period.

(2)The writing-down period, in relation to qualifying expenditure incurred by a person, is 25 years beginning with the first day of the chargeable period of that person in which the qualifying expenditure was incurred.

(3)The amount of the writing-down allowance is 4% of the qualifying expenditure.

(4)The allowance is proportionately increased or reduced if the chargeable period is more or less than a year.

(5)The total amount of any writing-down allowances made in respect of any qualifying expenditure, whether to the same or different persons, must not exceed the amount of the expenditure.

(6)A person claiming a writing-down allowance may require the allowance to be reduced to a specified amount.

(7)A person is not entitled to a writing-down allowance for the chargeable period in which a balancing allowance is made to him in respect of the qualifying expenditure.

488Balancing allowances

(1)A person is entitled to a balancing allowance for a chargeable period if—

(a)qualifying expenditure has been incurred on dredging,

(b)in that chargeable period, the qualifying trade for the purposes of which the expenditure was incurred has been—

(i)permanently discontinued, or

(ii)sold,

(c)the person is the last person carrying on the qualifying trade before its discontinuance or sale, and

(d)the amount of the expenditure exceeds the amount of the allowances previously made in respect of it, whether to the same or different persons.

(2)The amount of the balancing allowance is the amount of the difference.

(3)For the purposes of subsection (1)—

(a)the permanent discontinuance of a trade does not include an event treated as a permanent discontinuance under section 113(1) or 337(1) of ICTA (change in persons carrying on a trade etc. and effect of company ceasing to trade etc.), and

(b)a sale does not include a sale which is within subsection (4) or (5).

(4)A sale is within this subsection if any of the following conditions is met—

(a)the buyer is a body of persons over whom the seller has control;

(b)the seller is a body of persons over whom the buyer has control;

(c)both the seller and the buyer are bodies of persons and another person has control over both of them;

(d)the seller and the buyer are connected persons.

In this subsection “body of persons” includes a partnership.

(5)A sale is within this subsection if it appears that the sole or main benefit which might be expected to accrue to the parties, or any of them, from—

(a)the sale, or

(b)transactions of which the sale is one,

is the obtaining of a tax advantage under any of the provisions of this Act apart from Part 2 (plant and machinery allowances).

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