Textual Amendments
F1Pt. 2 heading substituted (with effect as mentioned in s. 38(2)(3) of the amending Act) by Finance Act 1998 (c. 36), s. 38(1), Sch. 5 para. 3 (with Sch. 5 para. 73)
Valid from 22/07/2004
(1)This section applies to a Schedule A business if the land mentioned in paragraph 1(1) of Schedule A consists of or includes a dwelling-house.
(2)In computing for the purposes of income tax the profits of a Schedule A business to which this section applies, a deduction shall be allowed in respect of any expenditure to which subsection (3) applies.
That is subject to any provision of regulations under subsection (13).
(3)This subsection applies to expenditure as respects which the numbered conditions set out in the following provisions of this section (“the qualifying conditions”) are satisfied.
(4)Condition 1 is that the expenditure is incurred in the provision of a qualifying energy-saving item in the dwelling-house.
(5)Condition 2 is that the expenditure is incurred on or after 6th April 2004 but before 6th April 2009.
(6)Condition 3 is that the expenditure is incurred wholly and exclusively for the purposes of the Schedule A business.
(7)Condition 4 is that the expenditure is capital expenditure.
(8)Condition 5 is that, apart from this section, the expenditure is not deductible in computing the profits of the Schedule A business.
(9)Condition 6 is that no allowance under the Capital Allowances Act may be claimed in respect of the expenditure.
(10)Condition 7 is that the expenditure is not incurred in respect of the provision of an item in a dwelling-house which, at the time when the item is installed,—
(a)is in the course of construction, or
(b)is comprised in land in which the person claiming the deduction under this section does not have an interest or is in the course of acquiring an interest or further interest.
(11)Condition 8 is that for the purposes of section 503 (letting of furnished holiday accommodation to be treated as a trade for certain purposes) either—
(a)the Schedule A business does not consist to any extent in the commercial letting of furnished holiday accommodation, or
(b)if it does so consist to any extent, the dwelling-house does not constitute any or all of the furnished holiday accommodation in question.
(12)Condition 9 is that the income of the person claiming the deduction is not computed in accordance with paragraph 9 or 11 of Schedule 10 to the Finance (No. 2) Act 1992 (furnished accommodation) in respect of any qualifying residence which consists of or includes the dwelling-house.
(13)The Treasury may by regulations make provision for any of the following purposes—
(a)restricting or reducing the amount of expenditure in respect of which deductions may be claimed under this section;
(b)excluding entitlement to a deduction under this section in such cases as may be specified in, or determined in accordance with, the regulations;
(c)determining which of two or more persons is (and which is not) entitled to a deduction under this section in cases where different persons have different interests in land consisting of or including the whole or part of a building containing one or more dwelling-houses;
(d)making apportionments (including apportioning amounts to companies which are not entitled to a deduction under this section) in cases where—
(i)a Schedule A business is carried on by two or more persons in partnership, or
(ii)an interest in land is beneficially owned by two or more persons jointly or in common.
(14)Section 31B supplements this section.]