Capital Allowances Act 2001

[F1 [F2 270BNA Meaning of “[F3 special tax site qualifying expenditure]” U.K.

(1) In this Part, qualifying expenditure incurred on the construction or acquisition of a building or structure is “[F3 special tax site qualifying expenditure]” if conditions A to E are met.

(2) Condition A is that construction of the building or structure begins at a time when the area in which the building or structure is situated is a [F4 special tax site].

(3) Condition B is that the building or structure is first brought into qualifying use by the person entitled to the allowance under this Part—

(a) at a time when the area in which the building or structure is situated is a [F4 special tax site], and

(b) on or before [F5 the applicable sunset date in relation to the special tax site concerned (as to which see section 332(4) and (5) of F(No.2)A 2023)].

(4) Condition C is that the qualifying expenditure is incurred—

(a) at a time when the area in which the building or structure is situated is a [F4 special tax site], and

(b) on or before [F6 the applicable sunset date in relation to the special tax site concerned].

(5) Condition D is that the person who incurs the qualifying expenditure is within the charge to income tax or corporation tax when it is incurred.

(6) Condition E is that an allowance statement—

(a) made for the purposes of section 270IA by the person who incurred the qualifying expenditure, and

(b) relied on for the purposes of the first valid claim for an allowance under this Part in respect of that expenditure,

states that the person wants the expenditure to be [F3 special tax site qualifying expenditure].

(7) For the purposes of subsection (2), the construction of a building or structure is treated as beginning when the first contract for works to be carried out in the course of the construction of that particular building or structure (whether or not the contract also relates to the construction of other buildings or structures) is entered into.

(8) This section is subject to regulations under section 270BNC.]]

Textual Amendments

F1 Pt. 2A inserted (5.7.2019) by The Capital Allowances (Structures and Buildings Allowances) Regulations 2019 (S.I. 2019/1087), regs. 1, 2

F2 Pt. 2A Ch. 2A inserted (10.6.2021) by Finance Act 2021 (c. 26), Sch. 22 para. 10

F3 Words in Pt. 2A Ch. 2A substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 23 para. 13(b)

F4 Words in Pt. 2A Ch. 2A substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 23 para. 14(b)

F5 Words in s. 270BNA(3)(b) substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 332(3)(a)(i)(4)

F6 Words in s. 270BNA(4)(b) substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 332(3)(a)(ii)(4)