Modifications etc. (not altering text)
C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7
Modifications etc. (not altering text)
C2Pt. 2 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 12 (with Sch. 10 para. 17(1)); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
C3 Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 10, 22 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1
C4 Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 9(2), 21(2) (with s. 38(2)); S.I. 2004/2575, art. 2(1) , Sch. 1
C5 Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 4 ; S.I. 2004/2575 , art. 2(1) , Sch. 1
C6Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19
C7Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35
C8Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37
C9Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24
C10Pt. 2 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 73(7)-(11) (with s. 73(6))
C11Pt. 2 modified (10.6.2021) by Finance Act 2021 (c. 26), s. 9(1)(a)
C12Pt. 2 modified (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 7
(1)For the purposes of this Act, expenditure on the provision of plant or machinery does not include expenditure on the provision of a building.
(2)The provision of a building includes its construction or acquisition.
(3)In this section, “building” includes an asset which—
(a)is incorporated in the building,
(b)although not incorporated in the building (whether because the asset is moveable or for any other reason), is in the building and is of a kind normally incorporated in a building, or
(c)is in, or connected with, the building and is in list A.
Assets treated as buildings
| 1. | Walls, floors, ceilings, doors, gates, shutters, windows and stairs. |
| 2. | Mains services, and systems, for water, electricity and gas. |
| 3. | Waste disposal systems. |
| 4. | Sewerage and drainage systems. |
| 5. | Shafts or other structures in which lifts, hoists, escalators and moving walkways are installed. |
| 6. | Fire safety systems. |
(4)This section is subject to section 23 [F1(but any reference in list C in subsection (4) of that section to “plant” does not include anything where expenditure on its provision is excluded by this section)].
Textual Amendments
F1Words in s. 21(4) inserted (with effect in accordance with s. 35(3) of the amending Act) by Finance Act 2019 (c. 1), s. 35(2)
(1)For the purposes of this Act, expenditure on the provision of plant or machinery does not include expenditure on—
(a)the provision of a structure or other asset in list B, or
(b)any works involving the alteration of land.
Excluded structures and other assets
| 1. | A tunnel, bridge, viaduct, aqueduct, embankment or cutting. |
| 2. | A way, hard standing (such as a pavement), road, railway, tramway, a park for vehicles or containers, or an airstrip or runway. |
| 3. | An inland navigation, including a canal or basin or a navigable river. |
| 4. | A dam, reservoir or barrage, including any sluices, gates, generators and other equipment associated with the dam, reservoir or barrage. |
| 5. | A dock, harbour, wharf, pier, marina or jetty or any other structure in or at which vessels may be kept, or merchandise or passengers may be shipped or unshipped. |
| 6. | A dike, sea wall, weir or drainage ditch. |
| 7. | Any structure not within items 1 to 6 other than— (a) a structure (but not a building) within Chapter 2 of Part 3 (meaning of “industrial building”), (b) a structure in use for the purposes of an undertaking for the extraction, production, processing or distribution of gas, and (c) a structure in use for the purposes of a trade which consists in the provision of telecommunication, television or radio services. |
(2)The provision of a structure or other asset includes its construction or acquisition.
(3)In this section—
(a)“structure” means a fixed structure of any kind, other than a building (as defined by section 21(3)), and
(b)“land” does not include buildings or other structures, but otherwise has the meaning given in Schedule 1 to the Interpretation Act 1978 (c. 30).
(4)This section is subject to section 23 [F2(but any reference in list C in subsection (4) of that section to “plant” does not include anything where expenditure on its provision is excluded by this section)].
Textual Amendments
F2Words in s. 22(4) inserted (with effect in accordance with s. 35(3) of the amending Act) by Finance Act 2019 (c. 1), s. 35(2)
(1)Sections 21 and 22 do not apply to any expenditure to which any of the provisions listed in subsection (2) applies.
(2)The provisions are—
section 28 (thermal insulation of F3...buildings);
F4...
F5...
F6...
F7...
section 33 (personal security);
[F8section 33A (integral features);]
section 71 (software and rights to software);
section [F9143 of ITTOIA 2005 or section] 40D of F(No.2)A 1992 (election relating to tax treatment of films expenditure).
(3)Sections 21 and 22 also do not affect the question whether expenditure on any item described in list C is, for the purposes of this Act, expenditure on the provision of plant or machinery.
(4)But items 1 to 16 of list C do not include any asset whose principal purpose is to insulate or enclose the interior of a building or to provide an interior wall, floor or ceiling which (in each case) is intended to remain permanently in place.
Expenditure unaffected by sections 21 and 22
| 1. | Machinery (including devices for providing motive power) not within any other item in this list. |
| 2. | F10...Gas and sewerage systems provided mainly— (a) to meet the particular requirements of the qualifying activity, or (b) to serve particular plant or machinery used for the purposes of the qualifying activity. |
| 3. | F11. . . |
| 4. | Manufacturing or processing equipment; storage equipment (including cold rooms); display equipment; and counters, checkouts and similar equipment. |
| 5. | Cookers, washing machines, dishwashers, refrigerators and similar equipment; washbasins, sinks, baths, showers, sanitary ware and similar equipment; and furniture and furnishings. |
| 6. | [F12Hoists.] |
| 7. | Sound insulation provided mainly to meet the particular requirements of the qualifying activity. |
| 8. | Computer, telecommunication and surveillance systems (including their wiring or other links). |
| 9. | Refrigeration or cooling equipment. |
| 10. | Fire alarm systems; sprinkler and other equipment for extinguishing or containing fires. |
| 11. | Burglar alarm systems. |
| 12. | Strong rooms in bank or building society premises; safes. |
| 13. | Partition walls, where moveable and intended to be moved in the course of the qualifying activity. |
| 14. | Decorative assets provided for the enjoyment of the public in hotel, restaurant or similar trades. |
| 15. | Advertising hoardings; signs, displays and similar assets. |
| 16. | Swimming pools (including diving boards, slides and structures on which such boards or slides are mounted). |
| 17. | Any glasshouse constructed so that the required environment (namely, air, heat, light, irrigation and temperature) for the growing of plants is provided automatically by means of devices forming an integral part of its structure. |
| 18. | Cold stores. |
| 19. | Caravans provided mainly for holiday lettings. |
| 20. | Buildings provided for testing aircraft engines run within the buildings. |
| 21. | Moveable buildings intended to be moved in the course of the qualifying activity. |
| 22. | The alteration of land for the purpose only of installing plant or machinery. |
| 23. | The provision of dry docks. |
| 24. | The provision of any jetty or similar structure provided mainly to carry plant or machinery. |
| 25. | The provision of pipelines or underground ducts or tunnels with a primary purpose of carrying utility conduits. |
| 26. | The provision of towers to support floodlights. |
| 27. | The provision of— (a) any reservoir incorporated into a water treatment works, or (b) any service reservoir of treated water for supply within any housing estate or other particular locality. |
| 28. | The provision of— (a) silos provided for temporary storage, or (b) storage tanks. |
| 29. | The provision of slurry pits or silage clamps. |
| 30. | The provision of fish tanks or fish ponds. |
| 31. | The provision of rails, sleepers and ballast for a railway or tramway. |
| 32. | The provision of structures and other assets for providing the setting for any ride at an amusement park or exhibition. |
| 33. | The provision of fixed zoo cages. |
(5)In item 19 of list C, “caravan” includes, in relation to a holiday caravan site, anything that is treated as a caravan for the purposes of—
(a)the Caravan Sites and Control of Development Act 1960 (c. 62), or
(b)the Caravans Act (Northern Ireland) 1963 (c. 17 (N.I.)).
Textual Amendments
F3Word in s. 23(2) omitted (with effect in accordance with s. 71(8) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 71(7)
F4Words in s. 23(2) omitted (with effect in accordance with s. 72(4) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 72(2)
F5S. 23(2) entry omitted (with effect in accordance with Sch. 39 para. 35 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 34(2)(a)
F6S. 23(2) entry omitted (with effect in accordance with Sch. 39 para. 35 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 34(2)(b)
F7S. 23(2) entry omitted (with effect in accordance with Sch. 39 para. 35 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 34(2)(c)
F8Words in s. 23(2) inserted (with effect in accordance with s. 73(6) of the amending Act) by Finance Act 2008 (c. 9), s. 73(1)(a)
F9 Words in s. 23(2) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 530 (with Sch. 2 )
F10Words in s. 23(4) omitted (with effect in accordance with s. 73(6) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 73(1)(b)(i)
F11Words in s. 23(4) omitted (with effect in accordance with s. 73(6) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 73(1)(b)(ii)
F12Word in s. 23(4) substituted (with effect in accordance with s. 73(6) of the amending Act) by Finance Act 2008 (c. 9), s. 73(1)(b)(iii)
(1)For the purposes of this Act, expenditure on the provision of plant or machinery does not include expenditure on the acquisition of an interest in land.
(2)In this section “land” does not include—
(a)buildings or other structures, or
(b)any asset which is so installed or otherwise fixed to any description of land as to become, in law, part of the land,
but otherwise has the meaning given in Schedule 1 to the Interpretation Act 1978 (c. 30).
(3)Subject to subsection (2), “interest in land” has the meaning given by section 175 (definitions in connection with provisions about fixtures).
If a person carrying on a qualifying activity incurs capital expenditure on alterations to an existing building incidental to the installation of plant or machinery for the purposes of the qualifying activity, this Part applies as if—
(a)the expenditure were expenditure on the provision of the plant or machinery, and
(b)the works representing the expenditure formed part of the plant or machinery.