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 has effect for the purpose of supplementing section 31A and shall be construed as one with that section.
(2)Section 31A does not have effect for the purposes of corporation tax.
(3)No deduction may be made under section 31A unless a claim is made.
(4)Where, on a just and reasonable apportionment of any expenditure, the qualifying conditions—
(a)would be satisfied as respects some part or parts of the expenditure, but
(b)would not be satisfied as respects the remainder of the expenditure,
a deduction under section 31A shall be allowed in respect of the part or parts mentioned in paragraph (a) but not in respect of the remainder.
Any such deduction is subject to, and must be in accordance with, the other provisions of this section and regulations under section 31A(13).
(5)Expenditure incurred by a person—
(a)for the purposes of a Schedule A business, but
(b)before the time when he begins to carry on that business,
is not deductible under section 31A by virtue of section 401 (relief for pre-trading expenditure) unless the expenditure is incurred not more than 6 months before that time (and on or after 6th April 2004).
The reference to section 401 is a reference to that section as it applies for the purposes of Schedule A in relation to a Schedule A business by virtue of section 21B.
(6)“Qualifying energy-saving items”are items of any of the following descriptions—
(a)cavity wall insulation;
(b)loft insulation.
(7)The Treasury may by regulations amend subsection (6)—
(a)by adding further descriptions of items; or
(b)by removing or varying descriptions of items.
(8)The Treasury may by regulations provide that an item is to be regarded as an item of any particular description in subsection (6) only if it satisfies such conditions as may be specified in, or determined in accordance with, the regulations.
(9)The conditions that may be imposed by regulations under subsection (8) include conditions imposed by reference to information or documents issued by any body, person or organisation.
(10)The provision that may be made by regulations under this section or section 31A which are made on or before 31st December 2004 includes provision—
(a)having effect before the date on which the regulations are made, or
(b)having effect in relation to expenditure incurred before that date.
(11)Any reference to the provision of a qualifying energy-saving item is a reference to the acquisition of such an item and its installation in the dwelling-house.]