Part 5

Mineral extraction allowances
Chapter 6

Allowances and charges

Cases in which a person is entitled to a balancing allowance

Ceasing to work mineral deposits
428
1
A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if—
a
in that chargeable period he permanently ceases to work particular mineral deposits, and
b
the qualifying expenditure is expenditure incurred—
i
on mineral exploration and access relating solely to those deposits, or
ii
on acquiring a mineral asset consisting of those deposits or part of them.
2
If the person carrying on the mineral extraction trade is entitled to two or more mineral assets which at any time were—
a
comprised in a single mineral asset, or
b
otherwise derived from a single mineral asset,
subsection (1) does not apply until such time as the person permanently ceases to work the deposits comprised in all the mineral assets concerned taken together.
3
For the purposes of subsection (2), if a mineral asset relates to, but does not actually consist of, mineral deposits, the deposits to which the asset relates are to be treated as comprised in the asset.
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