Part 1 Introduction
Chapter 1 Capital allowances: general
3 Claims for capital allowances
C2C3C41
No allowance is to be made under this ActF2, and no first-year tax credit is to be paid under Schedule A1, unless a claim for it is made.
2
The claim must be included in a tax return.
F12A
Any claim for an allowance under Part 3A (business premises renovation allowances) must be separately identified as such in the return.
F32B
Any claim for a first-year tax credit under Schedule A1 must be separately identified as such in the return.
3
In this Act “tax return” means—
a
for income tax purposes, a return required to be made under TMA 1970, and
b
for corporation tax purposes, a company tax return required to be made under Schedule 18 to FA 1998 (company tax returns, assessments and related matters).
4
Subsection (2) does not apply for income tax purposes to a claim for an allowance under—
a
section 258 (claim for allowance in respect of special leasing of plant or machinery),
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
section 479 (claim for patent allowance in respect of non-trading expenditure),
which is instead subject to section 42 of TMA 1970 (procedure for making claims and claims not included in returns).
5
Subsection (2) does not apply for corporation tax purposes to a claim for an allowance under—
a
section 260(3)(b) (claim to carry back allowance in respect of special leasing of plant or machinery), or
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
which is instead subject to paragraphs 54 to 60 of Schedule 18 to FA 1998 (general provisions as to claims).
6
This section is subject to section 42(6) and (7) of TMA 1970 (special provisions relating to partnerships).