C1C3Part II Machinery and Plant
Pt. II modified (19.9.1994) by Coal Industry Act 1994 (c. 21), s. 68(4), Sch. 4 para. 22; S.I. 1994/2189, art. 2, Sch.
C3Chapter VI Fixtures
C254 Expenditure included in consideration for acquisition of existing interest in land.
1
In any case where—
a
after any machinery or plant has become a fixture, a person (“the purchaser") acquires an interest in the relevant land, being an interest which was in existence prior to his acquisition of it, and
b
the consideration which the purchaser gives for that interest is or includes a capital sum which, in whole or in part, falls to be treated for the purposes of this Part as expenditure on the provision of the fixture, and
c
at the time of the purchaser’s acquisition of his interest in the relevant land, either no person has previously become entitled to an allowance in respect of any capital expenditure incurred on the provision of the fixture or, if any person has become so entitled, that person has been or is required to bring the disposal value of the fixture into account under section 24 F1otherwise than by virtue of subsection (7) of that section,
then, subject to section 57, on and after the purchaser’s acquisition of his interest in the relevant land, the fixture shall be treated for the purposes of this Part as belonging to him in consequence of his incurring expenditure as mentioned in paragraph (b) above.
2
If, in a case where subsection (1)(a) above applies—
a
the machinery or plant was, prior to the purchaser’s acquisition of the interest in the relevant land, let under an equipment lease, and
b
in connection with the acquisition of the interest in the relevant land, the purchaser pays a capital sum to discharge the obligations of the equipment lessee under the equipment lease,
subsection (1) above shall apply as if that capital sum were such a capital sum as is referred to in paragraph (b) of that subsection.
Pt. II (ss. 22–83) modified by Finance Act 1990 (c. 29), s. 87(3)(4)