SCHEDULES

SCHEDULE 61Alternative finance investment bonds

Part 3Transactions relating to underlying assets consisting of land

Capital allowances

Treatment for purposes of capital allowances

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1

This paragraph applies to an asset if—

a

each of conditions A to C is met before the end of the period of 30 days beginning with the effective date of the first transaction, and

b

the asset falls within sub-paragraph (2).

2

An asset falls within this sub-paragraph if it is part of the subject matter of the first transaction and constitutes—

a

plant or machinery, or

F3b

a building or structure (or part of a building or structure).

3

For the purposes of CAA 2001—

a

expenditure incurred by Q in acquiring the asset by virtue of the first transaction is not to be regarded as capital expenditure, and

b

F1in a case within sub-paragraph (2)(a), Q is not to be regarded as becoming, and P is not to be regarded as ceasing to be, the owner of the asset by virtue of that transactionF2; and

c

in a case within sub-paragraph (2)(b), Q is not to be regarded as acquiring, and P is not to be regarded as ceasing to have, the relevant interest in the asset by virtue of that transaction.

4

Sub-paragraph (3) applies in relation to the transactions mentioned in sub-paragraph (5) as it applies in relation to the first transaction (but reading the references to Q as references to P and the reference to P as a reference to Q).

5

The transactions are—

a

any leaseback agreement entered into by Q and P in order that condition C is met, and

b

the second transaction.

6

This paragraph is subject to paragraphs 15 to 17.