Income and Corporation Taxes Act 1988

32 Capital allowances for machinery and plant used in estate management. U.K.

(1) M1 Subject to the provisions of this section, [F1 Part II of the 1990 Act], and such other provisions of the Tax Acts as relate to allowances or charges under [F1 that Part], shall apply with any necessary adaptations in relation to machinery or plant provided for use or used by a person entitled to rents or receipts falling within Schedule A for the maintenance, repair or management of premises in respect of which those rents or receipts arise as they apply in relation to machinery or plant provided for use or used for the purposes of a trade.

(2) Except as provided by subsection (3) below, the Tax Acts shall apply in relation to any allowances or balancing charges which fall to be made by virtue of this section as if they were to be made in taxing a trade.

(3) M2 Allowances and balancing charges which by virtue of this section fall to be made to or on a person for any chargeable period shall be made by—

(a) adding the amount of any such allowances to the expenditure on maintenance, repair or management of the premises which is deductible under sections 25 or 28 in computing his profits or gains for the purposes of Schedule A; and

(b) deducting the amount on which any such charge is to be made from that expenditure (or from the sum of that expenditure and any addition made to it under this subsection);

and [F2 section 73 of the 1990 Act] (manner of making allowances or charges) shall not apply.

(4) Any charge falling to be made under this section shall, in so far as a deduction cannot be made for it under subsection (3)(b) above, be made under Case VI of Schedule D.

(5) M3 No allowance or balancing charge shall be made by virtue of this section for any chargeable period in respect of expenditure incurred by any person on machinery or plant, except in pursuance of an election made by him for that period; but an election for any chargeable period shall have effect as an election for that and all subsequent chargeable periods.

(6) Any such election shall be made by notice to the inspector either for all machinery or plant provided for use or used for the maintenance, repair or management of the relevant premises or for any class of machinery or plant so provided or used; but an election for machinery or plant of any class shall not be made for any chargeable period after payments made in that or a subsequent chargeable period for the maintenance, repair or management of the relevant premises have been taken into account in an assessment or claim for repayment of tax which has been finally determined.

(7) Corresponding allowances or charges in the case of the same machinery or plant shall not be made under [F3 Part II of the 1990 Act] (whether for the same or different chargeable periods) both in computing profits or gains for the purposes of Schedule A and in some other way; and, on any assessment to tax, expenditure to which an election under this section applies shall not be taken into account otherwise than under [F3 that Part].

(8) The Tax Acts shall have effect as if this section were contained in [F4 Part II of the 1990 Act].

Textual Amendments

F1 1990(C) s.164and Sch.1 para.8(2)(a).Previously

“Chapter II of Part I of the 1968 Act and Chapter I of Part III of the Finance Act 1971,”

and

“those Chapters”

respectively.

F2 1990(C) s.164and Sch.1 para.8(2)(b).Previously

“sections 46 of the 1968 Act and 48 of the Finance Act 1971”.

F3 1990(C) s.164and Sch.1 para.8(2)(c).Previously

“Chapter II of Part I of the 1968 Act or Chapter I of Part III of the Finance Act 1971”,and

“those chapters”

respectively.

F4 1990(C) s.164and Sch.1 para.8(2)(d).Previously

“Chapter II of Part I of the 1968 Act or Chapter I of Part III of the Finance Act 1971, as the case may require.”.

Modifications etc. (not altering text)

C1 S. 32 modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by Finance Act 1995 (c. 4), s. 39(3), Sch. 6 para. 8; and s. 32 (as so modified) applied in part by Capital Allowances Act 1990 (c. 1), s. 67(3) (as amended by Sch. 6 para. 32 of the modifying Act)

Marginal Citations

M1 SOURCE-1970 s. 78 (1); 1971 s. 47(2)

M2 SOURCE-1970 S. 78(2); 1971 S. 47(2)

M3 SOURCE-1970 S. 78(3)–(6); 1971 s. 47(2)