Part 2Plant and machinery allowances

Chapter 9Short-life assets

89Disposal to connected person

1

This section applies if, at any time before the four-year cut-off, a person (“the transferor”) disposes of a short-life asset to a connected person.

2

Subject to subsection (6)—

a

the transferor is to be treated as having sold the short-life asset to the connected person for an amount equal to the available qualifying expenditure in the short-life asset pool for the chargeable period in which the disposal occurs, and

b

the connected person is to be treated as having incurred qualifying expenditure of the same amount in buying the short-life asset.

3

Subject to subsection (6)—

a

sections 217 and 218 (restrictions on first-year and other allowances in the case of certain transactions between connected persons, to obtain a tax advantage etc.), and

b

sections 222 to 225 (further restrictions in the case of sale and finance leaseback),

do not apply to the disposal.

4

Immediately after the disposal of the short-life asset, the connected person is to be taken to have made an election under section 83 (so that the plant or machinery is a short-life asset in his hands).

5

In relation to the connected person, “the four-year cut-off” means the date that would have been the four-year cut-off in relation to the transferor.

6

Subsections (2) and (3) apply in relation to a disposal only if—

a

the transferor, and

b

the connected person,

elect that they should apply.

7

An election under subsection (6) must be made by notice given to the Inland Revenue no later than 2 years after the end of the chargeable period in which the disposal occurred.