PART 2A

STRUCTURES AND BUILDINGS ALLOWANCES
CHAPTER 3

QUALIFYING USE AND QUALIFYING ACTIVITIES

Qualifying use

Use for the purposes of a property business
270CG
1
A building or structure is to be treated, for the purposes of this Part, as being used for the purposes of
a UK
property business or
an overseas
property business during any period in respect of which subsection (2) applies.
2
This subsection applies in relation to a building or structure if the person with the relevant interest is entitled, under the terms of a lease or otherwise, to rents, or other receipts, in respect of the building or structure of such amounts as may reasonably have been expected to have been payable if the transaction had been between persons dealing with each other at arm’s length in the open market.
3
For the purposes of this section, “rents” and “other receipts” have the same meaning as in section 266 of ITTOIA 2005.
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
Pt. 2A inserted (5.7.2019) by The Capital Allowances (Structures and Buildings Allowances) Regulations 2019 (S.I. 2019/1087), regs. 1, 2
Words in s. 270CG(1) substituted (for the purposes of corporation tax, in relation to accounting periods beginning on or after 1.4.2025 and, for the purposes of income tax, in relation to periods of account beginning on or after 6.4.2025) by Finance Act 2025 (c. 8), Sch. 5 paras. 8(16)(a), 12(3) (with Sch. 5 paras. 15, 18, 19)
Words in s. 270CG(1) substituted (for the purposes of corporation tax, in relation to accounting periods beginning on or after 1.4.2025 and, for the purposes of income tax, in relation to periods of account beginning on or after 6.4.2025) by Finance Act 2025 (c. 8), Sch. 5 paras. 8(16)(b), 12(3) (with Sch. 5 paras. 15, 18, 19)