SCHEDULE 13Mineral Extraction: The New Code of Reliefs
PART IVLimitations on Qualifying Expenditure Etc
Limitation of expenditure on asset by reference to previous acquisition
20
(1)
In this paragraph "the buyer's expenditure" means the capital expenditure incurred by him as mentioned in paragraph 19(1) above, less any amount of that expenditure which, by virtue of paragraph 16 above, does not constitute qualifying expenditure.
(2)
If the previous trader did not become entitled to an allowance or liable to a balancing charge in respect of his qualifying expenditure, so much of the buyer's expenditure as does not exceed the amount of the previous trader's qualifying expenditure shall be the buyer's qualifying expenditure in respect of the acquisition of the purchased asset.
(3)
If the previous trader became entitled to an allowance or liable to a balancing charge in respect of his qualifying expenditure, so much of the buyer's expenditure as does not exceed the residue of the previous trader's qualifying expenditure shall be the buyer's qualifying expenditure in respect of the acquisition of the purchased asset.
(4)
In relation to the previous trader's qualifying expenditure, the residue referred to in sub-paragraph (3) above is that expenditure—
(a)
less the total of all allowances made to him in respect of that expenditure; and
(b)
plus the amount (if any) on which a balancing charge was made in respect of that expenditure.
(5)
For the purposes of sub-paragraph (4) above, where the previous trader's qualifying expenditure is an amount attributed to the purchased asset on a just and reasonable basis in accordance with paragraph 19(6) above, any allowances and any balancing charge made by reference to a greater amount of expenditure shall be apportioned on the like basis.
(6)
In this paragraph—
"allowance" means an allowance under paragraph 9 above;
"balancing charge" means a balancing charge under paragraph 11 above; and
"the buyer", "the previous trader" and "the purchased asset" have the same meaning as in paragraph 19 above.