Part 2Plant and machinery allowances

Chapter 17Anti-avoidance

Restrictions on allowances

218Restriction on B’s qualifying expenditure

(1)

If this section applies as a result of section 214, 215 or 216, the amount, if any, by which B’s expenditure under the relevant transaction exceeds D is to be left out of account in determining B’s available qualifying expenditure.

D is defined in subsections (2) and (3).

(2)

If S is required to bring a disposal value into account under this Part because of the relevant transaction, D is that disposal value.

(3)

If S is not required to bring a disposal value into account under this Part because of the relevant transaction, D is whichever of the following is the smallest—

(a)

the market value of the plant or machinery;

(b)

if S incurred capital expenditure on the provision of the plant or machinery, the amount of that expenditure;

(c)

if a person connected with S incurred capital expenditure on the provision of the plant or machinery, the amount of that expenditure.

(4)

If plant or machinery is the subject of a sale and finance leaseback (as defined in section 221), section 224 or 225 applies instead of this section.