Income Tax (Trading and Other Income) Act 2005

Personal security expenses U.K.

81 Personal security expenses U.K.

(1) This section applies if—

(a) an individual (“the trader”) carries on a trade (alone or in a partnership of individuals),

(b) there is a special threat to the personal physical security of the trader which arises wholly or mainly because of the particular trade,

(c) a service or asset which improves personal security is used by or provided for the trader to meet the threat,

(d) the person incurring expenses in connection with that use or provision does so with the sole object of meeting the threat, and

(e) a deduction for the expenses would not otherwise be allowable in calculating the profits of the trade because (and only because) they were not incurred wholly and exclusively for the purposes of the trade.

(2) In calculating the profits of the trade, a deduction is allowed for the expenses—

(a) in the case of a service, if the benefit resulting to the trader consists wholly or mainly of an improvement of the trader's personal physical security, and

(b) in the case of an asset, if the person incurring the expenses intends the asset to be used to improve personal physical security (whether solely or partly).

(3) If the person incurring the expenses intends the asset to be used solely to improve personal physical security, any use of the asset which is incidental to improving personal physical security is ignored.

(4) If the person incurring the expenses intends the asset to be used partly to improve personal physical security, a deduction is allowed only for the proportion of the expenses which is attributable to the intended use to improve personal physical security.

(5) The fact that a service or asset improves the personal physical security of a member of the trader's family or household (as well as that of the trader) does not prevent a deduction from being allowed.

(6) In determining whether or not this section applies in relation to an asset, it does not matter if—

(a) the asset becomes fixed to land, or

(b) the trader is or becomes entitled to the property in the asset or (if the asset is a fixture) to any estate or interest in the land concerned.

(7) In this section—

• “asset” includes equipment and a structure (such as a wall), but does not include a car, ship or aircraft or a dwelling or grounds appurtenant to a dwelling, and

• “service” does not include a dwelling or grounds appurtenant to a dwelling.