Part 3Industrial buildings allowances

Chapter 8Writing off qualifying expenditure

339Crown or other person not within the charge to tax entitled to the relevant interest

1

This section applies if at any time—

a

the Crown, or

b

a person who is not within the charge to tax,

(“A”) is entitled to the relevant interest in a building.

2

Sections 333 to 338 (writing off qualifying expenditure) have effect as if all writing-down allowances and balancing adjustments had been made as could have been made if—

a

a person (“B”) who—

i

is not the Crown,

ii

is within the charge to tax, and

iii

is not a company,

had been entitled to the relevant interest, and

b

the other assumptions in subsection (3) had been made.

3

The assumptions are that—

a

while A was entitled to the relevant interest, all things which were done in relation to the building—

i

by or to A, or

ii

by or to a person using the building under the authority of A,

were done by or to B for the purposes of, and in the course of, a trade carried on by B,

b

any sale of the relevant interest in the building by or on behalf of A was made in connection with the termination of the trade carried on by B, and

c

B’s periods of account for that trade had, in the case of each tax year, ended immediately before the beginning of the next tax year.