Modifications etc. (not altering text)

C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14), Sch. 30 para. 7

Part 3 U.K. Industrial buildings allowances

Modifications etc. (not altering text)

C2 Pt. 3 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 18 (with Sch. 10 para. 21); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

C3 Pt. 3 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 5 ; S.I. 2004/2575 , art. 2(1) , Sch. 1

Chapter 11 U.K. Giving effect to allowances and charges

354 Buildings temporarily out of use U.K.

(1) This section applies if a person is entitled to an allowance or liable to a charge for a chargeable period during which the building is treated as an industrial building under section 285 (building still industrial building despite temporary disuse).

(2) If, when the building was last in use as an industrial building—

(a) it was in use for the purposes of a trade which has since been permanently discontinued, or

(b) the relevant interest in the building was subject to a lease or a licence which has since come to an end,

section 353(4) applies to the person as if the relevant interest were subject to a lease or licence at the relevant time.

(3) If—

(a) the person is liable to a balancing charge, and

(b) when the building was last in use as an industrial building, it was in use as an industrial building for the purposes of a trade which was carried on by the person but which has since been permanently discontinued,

the same deductions may be made from the amount of the balancing charge as may be made under [F1 section 254 of ITTOIA 2005 or] section 105 of ICTA (deductions allowed in case of post-cessation receipts) from an amount chargeable to tax under [F2 Chapter 18 of Part 2 of ITTOIA 2005 or, as the case may be, under] section 103 or 104(1) of ICTA.

(4) Subsection (3) does not affect the making of any deduction allowed under any other provision of the Tax Acts.

(5) For the purposes of this section the permanent discontinuance of a trade does not include an event treated as a permanent discontinuance under [F3 section 18 of ITTOIA 2005 or section 337(1) of ICTA (effect of company ceasing to trade etc).]

(6) In this section “trade”, in relation to a commercial building, includes a profession or vocation.

Textual Amendments

F1 Words in s. 354(3) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 556(2)(a) (with Sch. 2 )

F2 Words in s. 354(3) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 556(2)(b) (with Sch. 2 )

F3 Words in s. 354(5) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 556(3) (with Sch. 2 )