The Designation of Special Tax Sites (Inverness and Cromarty Firth Green Freeport) Regulations 2024

Statutory Instruments

2024 No. 380

INCOME TAX

CORPORATION TAX

The Designation of Special Tax Sites (Inverness and Cromarty Firth Green Freeport) Regulations 2024

Made

14th March 2024

Laid before the House of Commons

18th March 2024

Coming into force

8th April 2024

The Treasury make these Regulations in exercise of the powers conferred by section 113 of the Finance Act 2021(1).

The areas designated by these Regulations are either situated in a freeport or considered by the Treasury as being used, or likely to be used, for purposes connected with activities carried on, or likely to be carried on, in a freeport(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Designation of Special Tax Sites (Inverness and Cromarty Firth Green Freeport) Regulations 2024 and come into force on 8th April 2024.

(2) In these Regulations, a reference to an area “shown edged and hatched in red” on a map is a reference to the hatched area extending up to the red edging, but not including the red edging itself.

Designation of special tax sites

2.—(1) The following areas are designated as special areas(3) for the purposes referred to in section 113(1) of the Finance Act 2021—

(a) the areas shown edged and hatched in red on the map entitled “Inverness and Cromarty Firth Green Freeport Ardersier Tax Site” and dated 14th February 2024(4);

(b) the areas shown edged and hatched in red on the map entitled “Inverness and Cromarty Firth Green Freeport Cromarty Firth (Deephaven) Tax Site” and dated 14th February 2024(5);

(c) the areas shown edged and hatched in red on the map entitled “Inverness and Cromarty Firth Green Freeport Cromarty Firth (Invergordon) Tax Site” and dated 14th February 2024(6);

(d) the areas shown edged and hatched in red on the map entitled “Inverness and Cromarty Firth Green Freeport Cromarty Firth (Nigg) Tax Site” and dated 14th February 2024(7);

(e) the areas shown edged and hatched in red on the map entitled “Inverness and Cromarty Firth Green Freeport Inverness Tax Site” and dated 14th February 2024(8).

(2) The designations made by paragraph (1) take effect on 8th April 2024.

Mike Wood

Scott Mann

Two of the Lords Commissioners of His Majesty's Treasury

14th March 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations designate areas, known as “special tax sites”, as special areas for the purposes of Parts 2 (plant and machinery allowances) and 2A (structures and buildings allowances) of the Capital Allowances Act 2001 (c. 2) (“CAA 2001”).

Section 45O in Part 2 of CAA 2001 provides that expenditure incurred by a company on the provision of plant and machinery for use in a special tax site qualifies for enhanced capital allowances if certain conditions are met.

Section 270BNA in Part 2A of CAA 2001 provides that expenditure incurred on non-residential structures and buildings situated in a special tax site qualifies for an enhanced annual rate of structures and buildings allowances if certain conditions are met.

A Tax Information and Impact Note covering this instrument was published on 3rd March 2021 alongside Spring Budget 2021 and is available on the website at: https://www.gov.uk/government/publications/designation-of-freeport-tax-sites/designation-of-freeport-tax-sites. It remains an accurate summary of the impacts that apply to this instrument.

(1)

2021 c. 26. Section 113 was amended by section 331 of, and paragraph 19 of Schedule 23 to, the Finance (No. 2) Act 2023 (c. 30).

(2)

“Freeport” is defined in section 113(5) of the Finance Act 2021 (“FA 2021”). The relevant freeport for this designation is the area known as the “Inverness and Cromarty Firth Green Freeport”, which is identified edged in blue on the map entitled “Inverness and Cromarty Firth Green Freeport Outer Boundary” and dated 23rd February 2024, published with the consent of the Treasury for the purposes of section 113 of FA 2021. The map is available electronically at https://www.gov.uk/government/publications/maps-of-uk-freeports. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ.

(3)

Areas so designated are known as “special tax sites” under section 113(3) of FA 2021.

(4)

The map entitled “Inverness and Cromarty Firth Green Freeport Ardersier Tax Site” and dated 14th February 2024 is available electronically at https://www.gov.uk/government/publications/maps-of-inverness-and-cromarty-firth-green-freeport-tax-sites. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ. The areas designated are known as the “Ardersier Tax Site”.

(5)

The map entitled “Inverness and Cromarty Firth Green Freeport Cromarty Firth (Deephaven) Tax Site” and dated 14th February 2024 is available electronically at https://www.gov.uk/government/publications/maps-of-inverness-and-cromarty-firth-green-freeport-tax-sites. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ. The areas designated form part of the tax site known as the “Cromarty Firth Tax Site”.

(6)

The map entitled “Inverness and Cromarty Firth Green Freeport Cromarty Firth (Invergordon) Tax Site” and dated 14th February 2024 is available electronically at https://www.gov.uk/government/publications/maps-of-inverness-and-cromarty-firth-green-freeport-tax-sites. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ. The areas designated form part of the tax site known as the “Cromarty Firth Tax Site”.

(7)

The map entitled “Inverness and Cromarty Firth Green Freeport Cromarty Firth (Nigg) Tax Site” and dated 14th February 2024 is available electronically at https://www.gov.uk/government/publications/maps-of-inverness-and-cromarty-firth-green-freeport-tax-sites. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ. The areas designated form part of the tax site known as the “Cromarty Firth Tax Site”.

(8)

The map entitled “Inverness and Cromarty Firth Green Freeport Inverness Tax Site” and dated 14th February 2024 is available electronically at https://www.gov.uk/government/publications/maps-of-inverness-and-cromarty-firth-green-freeport-tax-sites. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ. The areas designated are known as the “Inverness Tax Site”.