Part 2 Plant and machinery allowances

Chapter 5 Allowances and charges

F1Special balancing charge in cases of full expensing etc

59ADisposal of assets where first-year allowance made under section 45S for expenditure which is not special rate expenditure

(1)

This section applies if a first-year allowance has been made to a company in respect of first-year qualifying expenditure under section 45S which is not special rate expenditure.

(2)

If the company is required to bring a disposal value into account for an accounting period by reference to the plant or machinery on which the expenditure is incurred, the company is liable to a balancing charge for that period (whether or not it is also liable to any other balancing charge for that period).

(3)

The amount of the balancing charge is the relevant proportion of the disposal value; and the relevant proportion is determined by dividing—

(a)

the amount of the expenditure that was the subject of the allowance, by

(b)

the total amount of expenditure that has been the subject of that or any other first-year allowance or has been allocated to a pool for that or any other accounting period.

(4)

In relation to the accounting period for which the disposal value is brought into account, TDR (see section 55(1)(b)) for the pool to which the expenditure that was the subject of the allowance was allocated is to be reduced by the amount of the balancing charge.

59BDisposal of assets where first-year allowance made under section 45S for expenditure which is special rate expenditure

(1)

This section applies if a first-year allowance has been made to a company in respect of first-year qualifying expenditure under section 45S which is special rate expenditure.

(2)

If the company is required to bring a disposal value into account for an accounting period by reference to the plant or machinery on which the expenditure is incurred, the company is liable to a balancing charge for that period (whether or not it is also liable to any other balancing charge for that period).

(3)

The amount of the balancing charge is the relevant proportion of the disposal value; and the relevant proportion is determined by—

(a)

dividing the amount of the expenditure that was the subject of the allowance by two, and

(b)

dividing the result of that division by the total amount of expenditure that has been the subject of that or any other first-year allowance or has been allocated to a pool for that or any other accounting period.

(4)

In relation to the accounting period for which the disposal value is brought into account, TDR (see section 55(1)(b)) for the pool to which the expenditure that was the subject of the allowance was allocated is to be reduced by the amount of the balancing charge.

59CSections 59A and 59B: tax avoidance arrangements

(1)

This section applies if arrangements are entered into the main purpose, or one of the main purposes, of which is—

(a)

to secure that a balancing charge under section 59A or 59B is not chargeable on a company, or

(b)

to secure a reduction in the amount, or a change in the timing, of a balancing charge under section 59A or 59B which is chargeable on a company.

(2)

Sections 59A and 59B are to have effect as if the arrangements had not been entered into.

(3)

In this section “arrangements” include any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).