- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (05/07/2019)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 05/07/2019.
There are currently no known outstanding effects for the Capital Allowances Act 2001, Part 9.
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)Allowances are available under this Part if a person carries on a qualifying trade and qualifying expenditure has been incurred on dredging.
(2)In this Part “qualifying trade” means a trade or undertaking the whole or part of which—
(a)consists of the maintenance or improvement of the navigation of a harbour, estuary or waterway, or
(b)is of a kind listed in Table A or B in section 274 (meaning of qualifying trade for purposes of industrial buildings allowances).
[F1(2A)If a company or partnership is as a result of section 6D (NI rate activity treated as separate trade) treated for the purpose of this Act as carrying on two separate trades, each of them is for the purposes of this Part to be treated as a qualifying trade if the separate trades would together be so treated.]
(3)“Dredging” does not include anything done otherwise than in the interests of navigation.
(4)Subject to subsection (3), “dredging” includes—
(a)the removal of anything forming part of, or projecting from the bed of, the sea or any inland water—
(i)by whatever means it is removed, and
(ii)even if, at the time of removal, it is wholly or partly above water, and
(b)the widening of an inland waterway.
Textual Amendments
F1S. 484(2A) inserted (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), Sch. 1 para. 16
(1)Expenditure on dredging is qualifying expenditure if—
(a)it is capital expenditure,
(b)it is incurred for the purposes of a qualifying trade by the person carrying on the trade, and
(c)if the person does not carry on a qualifying trade within section 484(2)(a), the dredging is for the benefit of vessels coming to, leaving or using a dock or other premises occupied by the person for the purposes of the qualifying trade.
(2)If capital expenditure is incurred—
(a)partly for the purposes of a qualifying trade, and
(b)partly for other purposes,
the qualifying expenditure is the part of the capital expenditure that, on a just and reasonable apportionment, is referable to the purposes of the qualifying trade.
(3)If part only of a trade or undertaking is within section 484(2), subsection (2) of this section applies as if—
(a)the part which is within section 484(2), and
(b)the part which is not,
were separate trades.
(1)If a person incurs capital expenditure with a view to carrying on a trade or a part of a trade, this Part applies as if the expenditure were incurred by the person on the first day on which the trade or part of the trade is carried on.
(2)If a person incurs capital expenditure—
(a)in connection with a dock or other premises, and
(b)with a view to occupying the dock or premises for the purposes of a qualifying trade which is not a qualifying trade within section 484(2)(a),
this Part applies as if the expenditure were incurred by the person when he first occupies the dock or premises for the purposes of the qualifying trade.
(1)A person is entitled to a writing-down allowance for a chargeable period if—
(a)qualifying expenditure has been incurred on dredging,
(b)at any time during the chargeable period, the person is carrying on the qualifying trade for the purposes of which the qualifying expenditure was incurred, and
(c)that time falls within the writing-down period.
(2)The writing-down period, in relation to qualifying expenditure incurred by a person, is 25 years beginning with the first day of the chargeable period of that person in which the qualifying expenditure was incurred.
(3)The amount of the writing-down allowance is 4% of the qualifying expenditure.
(4)The allowance is proportionately increased or reduced if the chargeable period is more or less than a year.
(5)The total amount of any writing-down allowances made in respect of any qualifying expenditure, whether to the same or different persons, must not exceed the amount of the expenditure.
(6)A person claiming a writing-down allowance may require the allowance to be reduced to a specified amount.
(7)A person is not entitled to a writing-down allowance for the chargeable period in which a balancing allowance is made to him in respect of the qualifying expenditure.
(1)A person is entitled to a balancing allowance for a chargeable period if—
(a)qualifying expenditure has been incurred on dredging,
(b)in that chargeable period, the qualifying trade for the purposes of which the expenditure was incurred has been—
(i)permanently discontinued, or
(ii)sold,
(c)the person is the last person carrying on the qualifying trade before its discontinuance or sale, and
(d)the amount of the expenditure exceeds the amount of the allowances previously made in respect of it, whether to the same or different persons.
(2)The amount of the balancing allowance is the amount of the difference.
(3)For the purposes of subsection (1)—
(a)the permanent discontinuance of a trade does not include an event treated as a permanent discontinuance under [F2[F3section 577(2A) of this Act or section 18 of ITTOIA 2005] (effect of company ceasing to trade etc.)], and
(b)a sale does not include a sale which is within subsection (4) or (5).
(4)A sale is within this subsection if any of the following conditions is met—
(a)the buyer is a body of persons over whom the seller has control;
(b)the seller is a body of persons over whom the buyer has control;
(c)both the seller and the buyer are bodies of persons and another person has control over both of them;
(d)the seller and the buyer are connected persons.
In this subsection “body of persons” includes a partnership.
(5)A sale is within this subsection if it appears that the sole or main benefit which might be expected to accrue to the parties, or any of them, from—
(a)the sale, or
(b)transactions of which the sale is one,
is the obtaining of a tax advantage under any of the provisions of this Act apart from Part 2 (plant and machinery allowances).
Textual Amendments
F2 Words in s. 488(3)(a) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 568 (with Sch. 2 )
F3Words in s. 488(3)(a) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 514 (with Sch. 2 Pts. 1, 2)
[F4(1)] An allowance to which a person is entitled under this Part is to be given effect in calculating the profits of that person’s trade, by treating the allowance as an expense of the trade.
[F5(2)This section is subject to section 6E (giving effect to allowances and charges: NI rate activity cases).]
Textual Amendments
F4S. 489 renumbered as s. 489(1) (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), Sch. 1 para. 17(2)
F5S. 489(2) inserted (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), Sch. 1 para. 17(3)
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