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Finance Act 2002
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- 2002 c. 23
- SCHEDULE 21
- Part 2
- Section 9
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- Act amendment to earlier affecting provision SI 2006/3271 regs. 22-24 by S.I. 2007/2146 reg. 22-24
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- Act applied in part (with modifications) by S.I. 2007/1050 reg. 3-12 (This SI is amended by 2009 c. 4 Sch. 2 para. 131)
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- S.I. 2003/88 art. 2 3 commences (2002 c. 23)
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- S.I. 2003/2622 art. 2 commences (2002 c. 23)
- S.I. 2003/3043 art. 2 commences (2002 c. 23)
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- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
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- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1444 art. 2 commences (2005 c. 14)
- S.I. 2006/982 art. 2 commences (2005 c. 22)
- S.I. 2006/3399 art. 2 commences (2006 c. 25)
- S.I. 2007/3546 art. 3 Sch. commences (2007 c. 17)
- S.I. 2008/1928 art. 2 commences (2008 c. 9)
- S.I. 2009/403 art. 2 commences (2008 c. 9)
- S.I. 2009/571 art. 2-5 commences (2008 c. 9)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
First-year qualifying expenditureE+W+S+N.I.
9After section 416, insert the following Chapter—
“Chapter 5A E+W+S+N.I.
First-year qualifying expenditure
E+W+S+N.I.
General
416A First-year allowances available for certain types of qualifying expenditure
A first-year allowance is not available unless the qualifying expenditure is first-year qualifying expenditure under section 416B (expenditure incurred wholly for purposes of a ring fence trade).
E+W+S+N.I.
Types of expenditure which may qualify for first year allowances
416B Expenditure incurred by company for purposes of a ring fence trade
(1)Expenditure is first-year qualifying expenditure if—
(a)it is incurred on or after 17th April 2002,
(b)it is incurred by a company,
(c)it is incurred wholly for the purposes of a ring fence trade, and
(d)it is not excluded by—
(i)subsection (2) (acquisition of mineral asset), or
(ii)subsection (3) (acquisition of asset representing expenditure of connected company).
(2)Expenditure is not first-year qualifying expenditure under this section if it is expenditure on acquiring a mineral asset.
(3)Expenditure is not first-year qualifying expenditure under this section if it is expenditure incurred by a company on the acquisition of an asset representing expenditure incurred by a company connected with that company.
(4)To the extent that references in this section to an asset representing expenditure incurred by a company include a reference to an asset representing expenditure on mineral exploration and access, they also include a reference to any results obtained from any search, exploration or inquiry on which any such expenditure was incurred.
(5)In this section “ring fence trade” means a ring fence trade in respect of which tax is chargeable under section 501A of the Taxes Act 1988 (supplementary charge in respect of ring fence trades).
E+W+S+N.I.
Supplementary
416C Time when expenditure is incurred
(1)In determining whether expenditure is first-year qualifying expenditure under this Chapter, any effect of the provisions specified in subsection (2) on the time at which the expenditure is to be treated as incurred is to be disregarded.
(2)The provisions are—
(a)section 400(4) (which treats certain pre-trading expenditure as incurred on the first day of trading), and
(b)section 434 (which treats certain other expenditure incurred for the purposes of a trade about to be carried on as incurred on that day).”.
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