Explanatory Notes

Capital Allowances Act 2001

2001 CHAPTER 2

22nd March 2001

The Act

31. The Act has 581 sections and four Schedules.

32. The sections are arranged as follows:

• Part 1 (Introduction) sets out the basic rules on how allowances feed into the calculation of tax, defines some of the key terms used throughout the Act and stops double relief;

• Part 2 (Plant and machinery allowances) provides allowances for expenditure on plant and machinery.  These are relevant to far more taxpayers than any other allowances.  They are in aggregate worth far more than other allowances;

• Part 3 (Industrial buildings allowances) provides allowances for expenditure on buildings and structures which are used in defined ways, such as in manufacturing industry or as a hotel;

• Part 4 (Agricultural buildings allowances) provides allowances for expenditure on buildings and so on built and first used for farming or other husbandry;

• Part 5 (Mineral extraction allowances) provides allowances to the mining and oil industries for, mainly, expenditure on mineral exploration and access or on acquiring mineral assets;

• Part 6 (Research and development allowances) provides allowances to traders for certain expenditure on research and development related to a trade;

• Part 7 (Know-how allowances) provides allowances to traders for expenditure on certain industrial information or techniques (“know-how”);

• Part 8 (Patent allowances) provides allowances for expenditure on patent rights;

• Part 9 (Dredging allowances) provides allowances if there is expenditure on dredging;

• Part 10 (Assured tenancy allowances) provides allowances for expenditure between 1982 and 1992 on dwelling-houses let on assured tenancies (and similar tenancies) by approved bodies;

• Part 11 (Contributions) deals with contributions one person makes to another’s expenditure.  It denies capital allowances for certain expenditure met by contributions from others.  But it also gives allowances for certain contributions; and

• Part 12 (Supplementary provisions) contains provisions for capital allowances for life assurance businesses; additional VAT; oil licences; partnerships, successions and transfers; and miscellaneous other things.  It also defines various terms used in the Act and introduces the Schedules.

33. The Schedules are:

• Schedule 1: Abbreviations and defined expressions;

• Schedule 2: Consequential amendments;

• Schedule 3: Transitionals and savings; and

• Schedule 4: Repeals.