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Capital Allowances Act 2001

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Changes over time for: Section 236

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There are currently no known outstanding effects for the Capital Allowances Act 2001, Section 236. Help about Changes to Legislation

236 Additional VAT liability generates first-year allowance [F1or annual investment allowance] U.K.
This section has no associated Explanatory Notes

(1)Subsection (2) applies if—

(a)the original expenditure was first-year qualifying expenditure, and

(b)the additional VAT liability is incurred at a time when the plant or machinery is provided for the purposes of the qualifying activity.

(2)The additional VAT liability is to be regarded for the purposes of this Part as first-year qualifying expenditure which—

(a)is incurred on the same plant or machinery and is the same type of first-year qualifying expenditure as the original expenditure, and

(b)entitles the person incurring the liability to a first-year allowance for the chargeable period in which the liability accrues.

(3)Subsections (3) and (4) of section 52 apply to first-year qualifying expenditure constituted by the additional VAT liability as they apply to other first-year qualifying expenditure.

[F2(3A)Subsection (3B) applies if—

(a)the original expenditure was AIA qualifying expenditure, and

(b)the additional VAT liability is incurred at a time when the plant or machinery is provided for the purposes of the qualifying activity.

(3B)The additional VAT liability is to be regarded for the purposes of this Part as AIA qualifying expenditure incurred on the same plant or machinery as the original expenditure in the chargeable period in which the liability accrues.

(3C)Section 51A(7) applies to AIA qualifying expenditure constituted by the additional VAT liability as it applies to other AIA qualifying expenditure.]

(4)This section is subject to sections 237 and 241.

Textual Amendments

F1Words in s. 236 heading inserted (with effect in accordance with Sch. 24 para. 23 of the amending Act) by Finance Act 2008 (c. 9), Sch. 24 para. 10(3)

F2S. 236(3A)-(3C) inserted (with effect in accordance with Sch. 24 para. 23 of the amending Act) by Finance Act 2008 (c. 9), Sch. 24 para. 10(2)

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