C1

Part 5 Mineral extraction allowances

Chapter 1 Introduction

394 Mineral extraction allowances

1

Allowances are available under this Part if a person carries on a mineral extraction trade and incurs qualifying expenditure.

2

In this Part “mineral extraction trade” means a trade which consists of, or includes, the working of a source of mineral deposits.

3

In this Part “mineral deposits” includes any natural deposits capable of being lifted or extracted from the earth, and for this purpose geothermal energy is to be treated as a natural deposit.

4

Any reference in this Part to mineral deposits is to mineral deposits of a wasting nature.

5

In this Part “source of mineral deposits” includes a mine, an oil well and a source of geothermal energy.

395 Qualifying expenditure

1

In this Part “qualifying expenditure” means—

a

expenditure on mineral exploration and access which is qualifying expenditure under Chapter 2,

b

expenditure on acquiring a mineral asset which is qualifying expenditure under Chapter 3,

c

expenditure which is treated as qualifying expenditure on mineral exploration and access under section 407(5) or 408(2), and

d

expenditure which is qualifying expenditure under Chapter 5 (expenditure on works likely to become valueless and post-trading restoration expenditure).

But this is subject to subsections (2) and (3).

2

Expenditure is not qualifying expenditure if it is excluded from being qualifying expenditure by section 399.

3

Chapter 4 contains provisions limiting in certain cases the amount of expenditure which is qualifying expenditure.

396 Meaning of “mineral exploration and access”

1

In this Part “mineral exploration and access” means—

a

searching for or discovering and testing the mineral deposits of a source, or

b

winning access to such deposits.

2

Expenditure on seeking planning permission necessary to enable—

a

mineral exploration and access to be undertaken at any place, or

b

any mineral deposits to be worked,

is treated as expenditure on mineral exploration and access if planning permission is not granted.

3

Seeking planning permission” includes pursuing an appeal against a refusal to grant planning permission.

397 Meaning of “mineral asset”

In this Part “mineral asset” means—

a

any mineral deposits or land comprising mineral deposits, or

b

any interest in or right over such deposits or land.

398 Relationship between main types of qualifying expenditure

Subject to Chapter 4, expenditure on—

a

the acquisition of, or of rights over, the site of a source of mineral deposits, or

b

the acquisition of, or of rights over, mineral deposits,

is to be treated as expenditure on acquiring a mineral asset and not as expenditure on mineral exploration and access.

399 Expenditure excluded from being qualifying expenditure

1

Expenditure on the provision of plant or machinery is not qualifying expenditure except as provided by section 402 (pre-trading expenditure on plant or machinery).

2

Expenditure on works constructed wholly or mainly for subjecting the raw product of a source to any process is not qualifying expenditure, unless the process is designed for preparing the raw product for use as such.

3

Expenditure on buildings or structures provided for occupation by, or for the welfare of, workers is not qualifying expenditure except as provided by section 415.

4

Expenditure on a building is not qualifying expenditure if the whole of the building was constructed for use as an office.

5

Subsection (6) applies if part of a building or structure has been constructed for use as an office.

6

The expenditure on the office part is not qualifying expenditure if it was more than 10% of the capital expenditure incurred on the construction of the whole.