Modifications etc. (not altering text)

C1 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

Part 11 U.K. Contributions

Chapter 2 U.K. Contribution allowances

Contribution allowances under [F1 Parts 2[F2 , 2A], 3, 4 and 5] U.K.

Textual Amendments

F1 Words in s. 537(1) cross-heading substituted (with effect in accordance with s. 92 of the amending Act) by Finance Act 2005 (c. 7), Sch. 6 para. 5; S.I. 2007/949, art. 2

F2 Word in s. 537 cross-heading inserted (5.7.2019) by The Capital Allowances (Structures and Buildings Allowances) Regulations 2019 (S.I. 2019/1087), regs. 1, 3(10)(d)

538 Plant and machinery U.K.

(1) This section is about contribution allowances under Part 2 and applies if—

(a) the general conditions for contribution allowances are met, F3 ...

[F4 (aa) C's contribution is to expenditure on the provision of plant or machinery, and]

(b) C’s contribution is made for the purposes of a trade or relevant activity carried on, or to be carried on, by C.

(2) C is to be treated for the purposes of allowances under Part 2 as if—

(a) the contribution were expenditure incurred by C on the provision, for the purposes of C’s trade or relevant activity, of the [F5 plant or machinery],

(b) C owned the [F6 plant or machinery] as a result of incurring that expenditure at any time when R owns it or is treated under Part 2 as owning it, and

(c) the [F7 plant or machinery] were at all material times [F8 plant or machinery] in use for the purposes of C’s trade or relevant activity.

(3) Expenditure treated as incurred under subsection (2)(a), if allocated to any pool, must be allocated to a single asset pool.

(4) Subsections (5) and (6) apply for the purposes of contribution allowances under Part 2 if the whole or a part of the trade or relevant activity for the purposes of which C’s contribution was made is transferred.

(5) If the whole of the trade or relevant activity is transferred, writing-down allowances for chargeable periods ending after the date of the transfer are to be made to the transferee instead of to the transferor.

(6) If a part of the trade or relevant activity is transferred, writing-down allowances for chargeable periods ending after the date of the transfer are to be made to the transferee instead of to the transferor to the extent that they are properly referable to the part transferred.

Textual Amendments

F3 Word in s. 538(1)(a) omitted (with effect in accordance with s. 73(4)-(6) of the amending Act) by virtue of Finance Act 2013 (c. 29), s. 73(2)

F4 S. 538(1)(aa) inserted (with effect in accordance with s. 73(4)-(6) of the amending Act) by Finance Act 2013 (c. 29), s. 73(2)

F5 Words in s. 538(2)(a) substituted (with effect in accordance with s. 73(4)-(6) of the amending Act) by Finance Act 2013 (c. 29), s. 73(3)(a)

F6 Words in s. 538(2)(b) substituted (with effect in accordance with s. 73(4)-(6) of the amending Act) by Finance Act 2013 (c. 29), s. 73(3)(b)

F7 Words in s. 538(2)(c) substituted (with effect in accordance with s. 73(4)-(6) of the amending Act) by Finance Act 2013 (c. 29), s. 73(3)(c)(i)

F8 Words in s. 538(2)(c) substituted (with effect in accordance with s. 73(4)-(6) of the amending Act) by Finance Act 2013 (c. 29), s. 73(3)(c)(ii)