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Finance Act 2012

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This is the original version (as it was originally enacted).

Amendments to Schedule 6 to FA 2000

This section has no associated Explanatory Notes

4After paragraph 14(5) (exemption: supplies to electricity producers) insert—

(6)A supply of a taxable commodity other than electricity to a person is exempt from the levy if—

(a)the commodity is to be used by that person in producing electricity in a generating station,

(b)the generating station is neither a fully exempt combined heat and power station nor a partly exempt combined heat and power station, and

(c)the capacity of the generating station for producing electricity is no more than 2 megawatts.

(7)If the generating station mentioned in sub-paragraph (6)(a) is one of a number of generating stations (which may include fully or partly exempt combined heat and power stations) which—

(a)are situated in the United Kingdom, and

(b)are owned by P or persons connected with P,

the reference to the capacity of the generating station in sub-paragraph (6)(c) is to be read as a reference to the capacity of all those generating stations taken together.

(8)For the purposes of sub-paragraph (7)(b)—

(a)“P” is the person who owns the generating station mentioned in sub-paragraph (6)(a), and

(b)section 1122 of the Corporation Tax Act 2010 (“connected” persons) applies.

(9)A supply of coal to a person is exempt from the levy if—

(a)the coal is to be used by that person in producing electricity in a generating station which is neither a fully exempt combined heat and power station nor a partly exempt combined heat and power station, and

(b)the coal has a gross calorific value of no more than 15 gigajoules per tonne.

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