C1

F1Part 3ABusiness Premises Renovation Allowances

Annotations:
Amendments (Textual)
F1

Pt. 3A inserted (11.4.2007 with effect in accordance with s. 92 of the amending Act) by Finance Act 2005 (c. 7), Sch. 6 para. 1; S.I. 2007/949, art. 2

Chapter 3QUALIFYING BUILDINGS AND QUALIFYING BUSINESS PREMISES

360CMeaning of “qualifying building”

1

In this Part “ qualifying building ”, in relation to any conversion or renovation work, means any building or structure, or part of a building or structure, which—

a

is situated in an area which, on the date on which the conversion or renovation work began, was a disadvantaged area,

b

was unused throughout the period of one year ending immediately before that date,

c

on that date, had last been used—

i

for the purposes of a trade, profession or vocation, or

ii

as an office or offices (whether or not for the purposes of a trade, profession or vocation),

d

on that date, had not last been used as, or as part of, a dwelling, and

e

in the case of part of a building or structure, on that date had not last been occupied and used in common with any other part of the building or structure other than a part—

i

as respects which the condition in paragraph (b) is met, or

ii

which had last been used as a dwelling.

2

In this section “ disadvantaged area ” means—

a

an area designated as a disadvantaged area for the purposes of this section by regulations made by the Treasury, F2...

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Regulations under subsection (2)(a) may—

a

designate specified areas as disadvantaged areas, or

b

provide for areas of a description specified in the regulations to be designated as disadvantaged areas.

4

If regulations under subsection (2)(a) so provide, the designation of an area as a disadvantaged area shall have effect for such period as may be specified in or determined in accordance with the regulations.

5

Regulations under subsection (2)(a) may—

a

make different provision for different cases, and

b

contain such incidental, supplementary, consequential or transitional provision as appears to the Treasury to be necessary or expedient.

6

Where a building or structure (or part of a building or structure) which would otherwise be a qualifying building is on the date mentioned in subsection (1)(a) situated partly in a disadvantaged area and partly outside it, only so much of the expenditure incurred in accordance with section 360B as, on a just and reasonable apportionment, is attributable to the part of the building or structure located in the disadvantaged area is to be treated as qualifying expenditure.

7

The Treasury may by regulations make further provision as to the circumstances in which a building or structure or part of a building or structure is, or is not, a qualifying building.