C1

C2Part 4 Agricultural buildings allowances

Annotations:
Modifications etc. (not altering text)
C2

Pt. 4 restricted (19.7.2007) by Finance Act 2007 (c. 11), s. 36(4)-(7)

Chapter 3 Qualifying expenditure

370 Purchase of relevant interest before first use of agricultural building

1

This section applies if—

a

capital expenditure has been incurred on the construction of an agricultural building,

b

the expenditure was incurred for the purposes of husbandry as mentioned in section 361,

c

the relevant interest is sold before the building is first used, and

d

a capital sum is paid by the purchaser for the relevant interest.

2

The lesser of—

a

the capital expenditure incurred on the construction of the agricultural building, and

b

the capital sum paid by the purchaser,

is qualifying expenditure.

3

For the purposes of subsections (1) and (2)—

a

capital expenditure incurred on the construction of the agricultural building does not include any amount excluded from being taken into account under section 369(3) to (5), and

b

the capital sum paid by the purchaser for the relevant interest does not include any amount which, on a just and reasonable apportionment, is attributable to assets representing expenditure in respect of which an allowance cannot be made under this Part.

4

Subsection (3)(b) does not affect sections 562, 563 and 564(1) (apportionment and procedure for determining apportionment).

5

The qualifying expenditure is to be treated as incurred when the capital sum became payable.

6

If the relevant interest is sold more than once before the building is first used, subsection (2) has effect only in relation to the last of those sales.