Income and Corporation Taxes Act 1988

33 Agricultural land: allowance for excess expenditure on maintenance. U.K.

[F1 (1) Where in the case of an estate which consists of or includes agricultural land—

(a) M1 provision is made in sections 25 to 32 for the deduction of a sum in respect of payments in a chargeable period for maintenance, repairs, insurance or management of the estate, or in respect of allowances for machinery or plant provided for use or used on the estate, and

(b) owing to the insufficiency of rents and receipts to which the owner of the estate becomes entitled in that period, whether from the estate or from other property, the sum in question cannot be deducted (other amounts deductible under Schedule A being treated as deductible in priority thereto),

then, subject to subsection (2) below, the sum in question shall be treated as if it were the amount of an allowance falling to be made under [F2 the 1990 Act] by way of discharge or repayment of tax, and available primarily against agricultural income as defined in [F2 section 133] of that Act.

(2) The sum in question shall not exceed the sum which would have fallen to be so treated if—

(a) the estate had not included such parts thereof as were used wholly for purposes other than purposes of husbandry, and

(b) payments or allowances in respect of parts thereof which were used partly for purposes of husbandry and partly for other purposes were reduced to an extent corresponding to the extent to which those parts were used for other purposes.

(3) M2 In this section—

• “agricultural land” means land, houses or other buildings in the United Kingdom occupied wholly or mainly for the purposes of husbandry; and

• “estate” means any land (including any houses or other buildings) managed as one estate.

[F3 (4) Sections 141 and 145 of the 1990 Act shall apply as if this section were contained in Part V of that Act.]]

Textual Amendments

F1 S. 33 ceases to have effect except for specified purposes (with effect in accordance with s. 39(4)(5) of the amending Act) by virtue of Finance Act 1995 (c. 4), s. 39(3), Sch. 6 para. 4(d)

F2 1990(C) s.164and Sch.1 para.8(3)(a).Previously

“the 1968 Act”

and

“section 69”

respectively.

F3 1990(C) s.164and Sch.1 para.8(3)(b).Previously

“(4) Sections 71 and 74 of the 1968 Act shall apply as if this section were contained in Part I of that Act.”.

Modifications etc. (not altering text)

C1 See 1979(C) s.34(4)(a)—allowance under s.33not to be treated as a capital allowance in computing capital losses.

Marginal Citations

M1 SOURCE-1970 s. 79(1); 1987 Sch. 15 para. 13

M2 SOURCE-1970 s. 79(2)