Part 5

Mineral extraction allowances
Chapter 6

Allowances and charges

Cases in which a person is entitled to a balancing allowance

Persons leaving cash basis
431D
1
This section applies if—
a
a person carrying on a mineral extraction trade leaves the cash basis in a chargeable period,
b
the person has incurred expenditure at a time when
the cash basis applies
in relation to the trade,
c
some or all of the expenditure was brought into account in calculating the profits of the trade on the cash basis, and
d
the expenditure would have been qualifying expenditure if
the cash basis had not applied
at the time the expenditure was incurred.
2
In this section—
a
the “relieved portion” of the expenditure is the higher of the following—
i
the amount of that expenditure for which a deduction was allowed in calculating the profits of the trade, or
ii
the amount of that expenditure for which a deduction would have been so allowed if the expenditure had been incurred wholly and exclusively for the purposes of the trade;
b
the “unrelieved portion” of the expenditure is any remaining amount of the expenditure.
3
An amount of the expenditure equal to the amount (if any) by which the unrelieved portion of the expenditure exceeds the relieved portion of the expenditure is to be regarded as qualifying expenditure incurred by the person in the chargeable period.
4
For the purposes of this section a person carrying on a trade leaves the cash basis in a chargeable period if—
a
immediately before the beginning of the chargeable period
the cash basis applied
in relation to the trade, and
b
the cash basis does not apply
in relation to the trade for the chargeable period.
4A
Subsection (11)(za) of section 1A (capital allowances and charges: cash basis) applies for the purposes of this section as it applies for the purposes of that section.
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
S. 431D inserted (with effect in accordance with Sch. 2 para. 64 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 2 para. 55
S. 431D(4A) inserted (for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 42(4), 47 (with Sch. 10 paras. 48-50)
Words in s. 431D(1)(d) substituted (for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 42(2)(b), 47 (with Sch. 10 paras. 48-50)
Words in s. 431D(4)(a) substituted (for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 42(3)(a), 47 (with Sch. 10 paras. 48-50)
Words in s. 431D(4)(b) substituted (for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 42(3)(b), 47 (with Sch. 10 paras. 48-50)
Words in s. 431D(1)(b) substituted (for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 42(2)(a), 47 (with Sch. 10 paras. 48-50)