Part 3Trading income

Chapter 4Trade profits: rules restricting deductions

56Car or motor cycle hire

1

Subsection (2) applies if, in calculating the profits of a trade, a deduction is allowed for expenses incurred on the hiring of a car or motor cycle—

a

which is not a qualifying hire car or motor cycle (see section 57(2)), and

b

the retail price of which when new exceeds £12,000.

2

The amount of the deduction which would otherwise be allowable is reduced by multiplying the amount by the fraction—

£12,000+RP2×RPmath

where RP is the retail price of the car or motor cycle when new.

3

Subsection (4) applies if a deduction is reduced as a result of subsection (2), or a corresponding provision, and subsequently—

a

there is a rebate (however described) of the hire charges, or

b

a debt in respect of any of the hire charges is released otherwise than as part of a statutory insolvency arrangement.

4

The amount that, as a result of the rebate or release—

a

is brought into account as a receipt of the trade, or

b

is treated as a post-cessation receipt under section 193 (debts released after cessation),

is reduced by multiplying it by the fraction in subsection (2).

5

In this section “corresponding provision” means—

a

section 1251(2) (car or motor cycle hire: expenses of management),

b

section 48(2) of ITTOIA 2005 (car or motor cycle hire: trade profits and property income), or

c

section 76ZN(2) of ICTA (car or motor cycle hire: expenses of insurance companies).

6

The power under section 74(4) of CAA 2001 to increase or further increase the sums of money specified in Chapter 8 of Part 2 of CAA 2001 includes the power to increase or further increase the sum of money specified in subsection (1)(b) or (2).