14(1)This paragraph applies in relation to property if—U.K.
(a)the property is plant or machinery to which a relevant transfer relates,
(b)paragraph 13 does not apply in relation to the transfer of the property to the transferee,
(c)the property would be treated for the purposes of [F1the Capital Allowances Act] as disposed of by the transferor to the transferee on the transfer taking effect, and
(d)the scheme concerned contains provision for the disposal value of the property to be taken for the purposes of [F2that Act] to be of an amount specified in or determined in accordance with the scheme.
(2)For the purposes of [F3the Capital Allowances Act]—
(a)the provision mentioned in sub-paragraph (1)(d) is to have effect (instead of [F4section 61(2) to (4), 72(3) to (5), 171, 196 or 423 of that Act]) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold,
(b)the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,
(c)the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and
(d)in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of [F5sections 181(1) and 182(1) of that Act] to be incurred by the giving of a consideration consisting in a capital sum of that amount.
(3)A provision mentioned in sub-paragraph (1)(d) for the determination of an amount may include provision—
(a)for a determination to be made by the Secretary of State in a manner described in the scheme,
(b)for a determination to be made by reference to factors so described or to the opinion of a person so described, and
(c)for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.
(4)The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(d).
(5)The transferee’s consent is also required for such a modification after the relevant transfer takes effect.
(6)If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(d) all necessary adjustments—
(a)must be made by making assessments or by repayment or discharge of tax, and
(b)must be made despite any limitation on the time within which assessments may be made.
Textual Amendments
F1Words in Sch. 26 para. 14(1)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(8)
F2Words in Sch. 26 para. 14(1)(d) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(9)
F3Words in Sch. 26 para. 14(2) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(a)
F4Words in Sch. 26 para. 14(2)(a) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(b)
F5Words in Sch. 26 para. 14(2)(d) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(c)