C1Part 2 Plant and machinery allowances

Annotations:
Modifications etc. (not altering text)

Chapter 14 Fixtures

Restrictions on amount of qualifying expenditure

186 Fixture on which an industrial buildings allowance has been made

1

This section applies if—

a

a person (“the past owner”) has at any time claimed an allowance to which he is entitled under Part 3 (industrial buildings allowances) in respect of expenditure which was or included expenditure on the provision of plant or machinery,

b

the past owner has transferred the interest which is the relevant interest for the purposes of Part 3, and

c

the current owner of the plant or machinery makes a claim in respect of expenditure (“new expenditure”) incurred—

i

on the provision of the plant or machinery, and

ii

at a time when it is a fixture in the building.

2

If the new expenditure exceeds the maximum allowable amount, the excess is to be left out of account in determining the current owner’s qualifying expenditure.

3

The maximum allowable amount is—

FTxRmath

where—

F is the part of the consideration for the transfer by the past owner that is attributable to the fixture,

T is the total consideration for that transfer, and

R is the residue of qualifying expenditure attributable to the relevant interest immediately after that transfer, calculated on the assumption that the transfer was a sale of the relevant interest.

4

For the purposes of this section the current owner of the plant or machinery is—

a

the person to whom the past owner transferred the relevant interest, or

b

any person who is subsequently treated as the owner of the plant or machinery.

5

In this section “building” and “residue of qualifying expenditure” have the same meaning as in Part 3.