C1

Part 5 Mineral extraction allowances

Chapter 6 Allowances and charges

Cases in which a person is entitled to a balancing allowance

428 Ceasing to work mineral deposits

1

A person’s entitlement to an allowance for a chargeable period is to a balancing allowance if—

a

in that chargeable period he permanently ceases to work particular mineral deposits, and

b

the qualifying expenditure is expenditure incurred—

i

on mineral exploration and access relating solely to those deposits, or

ii

on acquiring a mineral asset consisting of those deposits or part of them.

2

If the person carrying on the mineral extraction trade is entitled to two or more mineral assets which at any time were—

a

comprised in a single mineral asset, or

b

otherwise derived from a single mineral asset,

subsection (1) does not apply until such time as the person permanently ceases to work the deposits comprised in all the mineral assets concerned taken together.

3

For the purposes of subsection (2), if a mineral asset relates to, but does not actually consist of, mineral deposits, the deposits to which the asset relates are to be treated as comprised in the asset.