C1

F1Part 3ABusiness Premises Renovation Allowances

Annotations:
Amendments (Textual)
F1

Pt. 3A inserted (11.4.2007 with effect in accordance with s. 92 of the amending Act) by Finance Act 2005 (c. 7), Sch. 6 para. 1; S.I. 2007/949, art. 2

Chapter 6WRITING-DOWN ALLOWANCES

360IEntitlement to writing-down allowances

1

A person is entitled to a writing-down allowance for a chargeable period if he has incurred qualifying expenditure in respect of a qualifying building and, at the end of the chargeable period—

a

the person is entitled to the relevant interest in the qualifying building,

b

the person has not granted a long lease of the qualifying building out of the relevant interest in consideration of the payment of a capital sum, and

c

the qualifying building constitutes qualifying business premises.

2

In subsection (1)(b) “ long lease ” means a lease the duration of which exceeds 50 years.

3

Whether the duration of a lease exceeds 50 years is to be determined—

a

in accordance with section 303 of ITTOIA 2005, and

b

without regard to section 360Z3(3) of this Act (new lease granted as a result of the exercise of an option treated as continuation of old lease).

4

A person claiming a writing-down allowance may require the allowance to be reduced to a specified amount.

360JAmount of allowance

1

The writing-down allowance for a chargeable period is 25% of the qualifying expenditure.

2

The allowance is proportionately increased or reduced if the chargeable period is more or less than a year.

3

The amount of the writing-down allowance for a chargeable period is limited to the residue of qualifying expenditure.

4

For this purpose the residue is ascertained immediately before writing off the writing-down allowance at the end of the chargeable period.

360K Meaning of “ the residue of qualifying expenditure

The residue of qualifying expenditure is the qualifying expenditure that has not yet been written off in accordance with Chapter 9.