C1C5C4C3C6C7C8C9C10C11C13Part 2 Plant and machinery allowances
Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 10, 22 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1
Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 9(2), 21(2) (with s. 38(2)); S.I. 2004/2575, art. 2(1) , Sch. 1
Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 4 ; S.I. 2004/2575 , art. 2(1) , Sch. 1
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37
Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24
Pt. 2 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 73(7)-(11) (with s. 73(6))
Pt. 2 modified (10.6.2021) by Finance Act 2021 (c. 26), s. 9(1)(a)
Pt. 2 modified (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 7
C11Chapter 4 First-year qualifying expenditure
Types of expenditure which may qualify for first-year allowances
46C11 General exclusions F9...
1
Expenditure within any of the general exclusions in subsection (2) is not first-year qualifying expenditure under F5any of the following provisions—
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1 section 45D (expenditure on cars with low CO2 emissions),
F13section 45DA (expenditure on zero-emission goods vehicles),
F2section 45E (expenditure on plant or machinery for gas refuelling station), F6...
F17section 45EA (expenditure on plant or machinery for electric vehicle charging point)
F3section 45F (expenditure on plant and machinery for use wholly in a ring fence trade)
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14section 45K (expenditure on plant and machinery for use in designated assisted areas).
F20section 45O (expenditure on plant and machinery for use in F21special tax sites).
C122
The general exclusions are—
General exclusion 1
The expenditure is incurred in the chargeable period in which the qualifying activity is permanently discontinued.
General exclusion 2
The expenditure is incurred on the provision of a car (as defined by section F12268A).
F15...
F16...
General exclusion 5
The expenditure would be long-life asset expenditure but for paragraph 20 of Schedule 3 (transitional provisions).
General exclusion 6
The expenditure is on the provision of plant or machinery for leasing (whether in the course of a trade or otherwise).
For this purpose, the letting of a ship on charter, or of any other asset on hire, is to be regarded as leasing (whether or not it would otherwise be so regarded).
General exclusion 7
The circumstances of the incurring of the expenditure are that—
- a
the provision of the plant or machinery on which the expenditure is incurred is connected with a change in the nature or conduct of a trade or business carried on by a person other than the person incurring the expenditure, and
- b
the obtaining of a first-year allowance is the main benefit, or one of the main benefits, which could reasonably be expected to arise from the making of the change.
- a
General exclusion 8
F7Any of the following sections applies—
section 13 (use for qualifying activity of plant or machinery provided for other purposes);
F8section 13A (use for other purposes of plant or machinery provided for long funding leasing);
section 14 (use for qualifying activity of plant or machinery which is a gift).
This is subject to section 161 (pre-trading expenditure on mineral exploration and access).
F43
Subsection (1) is subject to the following provisions of this section.
4
General exclusion 2 does not prevent expenditure being first-year qualifying expenditure under section 45D.
F195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 2 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 12 (with Sch. 10 para. 17(1)); S.I. 2003/120, art. 2, Sch. (with arts. 34) (as amended (20.2.2003) by S.I. 2003/333, art. 14)