- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (29/11/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 21/07/2008
Point in time view as at 29/11/2007.
There are currently no known outstanding effects for the Capital Allowances Act 2001, Part 11.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)For the purposes of this Act, the general rule is that a person (“R”) is to be regarded as not having incurred expenditure to the extent that it has been, or is to be, met (directly or indirectly) by—
(a)a public body, or
(b)a person other than R.
(2)In this Chapter “public body” means the Crown or any government or public or local authority (whether in the United Kingdom or elsewhere).
(3)The general rule does not apply for the purposes of Part 9 (dredging allowances).
(4)The general rule is subject to the exceptions in sections 534 to 536.
(1)For the purposes of Part 9, a person (“D”) who has incurred expenditure is to be regarded as not having incurred it for the purposes of a trade carried on or to be carried on by D to the extent that it has been, or is to be, met (directly or indirectly) by—
(a)a public body, or
(b)capital sums contributed by another person for purposes other than those of D’s trade.
(2)Subsection (1) is not subject to the exceptions in sections 534 to 536.
(1)A person is to be regarded as having incurred expenditure (despite section 532(1)) to the extent that it is met (directly or indirectly) by a grant—
(a)made under Northern Ireland legislation, and
(b)declared by the Treasury by order to correspond to a grant under Part II of the Industrial Development Act 1982 (c. 52).
(2)Subject to subsection (3), the grant is to be treated as not falling within subsection (1) if, by virtue of paragraph 8 of Schedule 3 to OTA 1975, expenditure which has been or is to be met by the grant is not to be regarded for any of the purposes of Part I of OTA 1975 as having been incurred by any person.
(3)If only a proportion of the expenditure which has been or is to be met by the grant is expenditure which, if it were not so met, would be allowable under section 3 or 4 of OTA 1975, only a corresponding proportion of the grant is to be treated as not falling within subsection (1).
A person is to be regarded as having incurred expenditure (despite section 532(1)) to the extent that it is met (directly or indirectly) by—
(a)insurance money, or
(b)other compensation money,
payable in respect of an asset which has been destroyed, demolished or put out of use.
(1)A person (“R”) is to be regarded as having incurred expenditure (despite section 532(1)) to the extent that the requirements in subsections (2) and (3) are satisfied in relation to the expenditure.
(2)The first requirement is that the person meeting R’s expenditure (“C”) is not a public body.
(3)The second requirement is that—
(a)no allowance can be made under Chapter 2 in respect of C’s expenditure, and
(b)the expenditure is not allowed to be deducted in calculating the profits of a trade or relevant activity carried on by C.
(4)When determining for the purposes of subsection (3)(a) whether an allowance can be made under Chapter 2, assume that C is within the charge to tax.
(5)In subsection (3)(b) “relevant activity” means—
(a)for the purposes of Part 2—
(i)an ordinary [F1property] business;
(ii)a furnished holiday lettings business;
(iii)an overseas property business;
(iv)a profession or vocation;
(v)any concern listed in [F2section 12(4) of ITTOIA 2005 or] section 55(2) of ICTA (mines, transport undertakings etc.);
(vi)the management of an investment company;
(b)for other purposes, a profession or vocation.
Textual Amendments
F1 Word in s. 536(5)(a)(i) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 570(a) (with Sch. 2 )
F2 Words in s. 536(5)(a)(v) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 570(b) (with Sch. 2 )
Textual Amendments
F3Words 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
(1)This section gives general conditions for making contribution allowances under [F5Parts 2, 3, 4 and 5].
(2)The general conditions are that—
(a)a person (“C”) has contributed a capital sum to expenditure on the provision of an asset,
(b)the expenditure would (ignoring section 532(1))—
(i)have been regarded as wholly incurred by another person (“R”), and
(ii)if R is not a public body, have entitled R to allowances under Part 2, 3, 4 or 5 or to allocate the expenditure to a pool under Part 2, and
(c)C and R are not connected persons.
(3)In this section “public body” means the Crown or any public or local authority in the United Kingdom.
(4)In this Chapter “relevant activity” has the meaning given by section 536(5).
Textual Amendments
F4Words in s. 537(1) sidenote 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
F5Words in s. 537(1) 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
(1)This section is about contribution allowances under Part 2 and applies if—
(a)the general conditions for contribution allowances are met, 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 asset provided by means of C’s contribution,
(b)C owned the asset 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 asset were at all material times 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.
(1)This section is about contribution allowances under Part 3 and applies if—
(a)the general conditions for contribution allowances are met, and
(b)C’s contribution is made for the purposes of a trade or relevant activity carried on, or to be carried on—
(i)by C, or
(ii)by a tenant of land in which C has an interest.
(2)C is to be treated for the purposes of allowances under Part 3 as if—
(a)the contribution were expenditure incurred by C on the provision, for the purposes of the trade or relevant activity, of an asset similar to that provided by means of C’s contribution, and
(b)the asset were at all material times in use for the purposes of the trade or relevant activity.
(3)Subsection (4) applies if—
(a)C’s contribution was made for the purposes of a trade or relevant activity carried on, or to be carried on, by a tenant of land in which C had an interest, and
(b)C was entitled to allowances as a result of subsection (2).
(4)A person is entitled to a writing-down allowance for a chargeable period if at the end of the period the person is entitled to the interest held by C when the contribution was made.
(5)For the purposes of subsection (4), the provisions of Part 3 relating to the relevant interest apply (with any necessary modifications) in relation to the contribution made for the purposes of the trade or relevant activity carried on, or to be carried on, by the tenant as they apply in relation to expenditure incurred on the construction of an industrial building.
(6)Section 311 (calculation of writing-down allowance after sale of relevant interest) does not apply in relation to writing-down allowances to be made in respect of contributions.
(1)This section is about contribution allowances under Part 4 and applies if—
(a)the general conditions for contribution allowances are met, and
(b)C’s contribution is made for the purposes of a trade or relevant activity carried on, or to be carried on—
(i)by C, or
(ii)by a tenant of land in which C has a interest.
(2)C is to be treated for the purposes of allowances under Part 4 as if—
(a)the contribution were expenditure incurred by C on the provision, for the purposes of the trade or relevant activity, of an asset similar to that provided by means of C’s contribution, and
(b)the asset were at all material times in use for the purposes of the trade or relevant activity.
(3)Subsection (4) applies if—
(a)C’s contribution was made for the purposes of a trade or relevant activity carried on, or to be carried on, by a tenant of land in which C had an interest, and
(b)C was entitled to allowances as a result of subsection (2).
(4)A person is entitled to a writing-down allowance for a chargeable period if at the end of the period the person is entitled to the interest held by C when the contribution was made.
(5)For the purposes of subsection (4), the provisions of Part 4 relating to the relevant interest apply (with any necessary modifications) in relation to the contribution made for the purposes of the trade or relevant activity carried on, or to be carried on, by the tenant as they apply in relation to expenditure incurred on the construction of an agricultural building.
(1)This section is about contribution allowances under Part 5 and applies if—
(a)the general conditions for contribution allowances are met, and
(b)C’s contribution is made for the purposes of a trade carried on, or to be carried on, by C.
(2)C is to be treated for the purposes of allowances under Part 5 as if—
(a)the contribution were expenditure incurred by C on the provision, for the purposes of C’s trade, of an asset similar to that provided by means of C’s contribution, and
(b)the asset were at all material times in use for the purposes of C’s trade.
(1)Subsections (2) and (3) apply for the purposes of contribution allowances under [F6Parts 3, 4 and 5] if—
(a)C’s contribution was made for the purposes of C’s trade or relevant activity, and
(b)the whole or a part of the trade or relevant activity is subsequently transferred.
(2)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.
(3)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
F6Words in s. 542(1) substituted (with effect as mentioned in s. 67 of the amending Act) by Finance Act 2001 (c. 9), s. 67, Sch. 19 Pt. 2 para. 4
A person who contributes a capital sum to expenditure incurred by another person on dredging is to be regarded for the purposes of Part 9 as incurring capital expenditure on that dredging.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys