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
Modifications etc. (not altering text)
C2Pt. 2 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 12 (with Sch. 10 para. 17(1)); 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. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 10, 22 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1
C4 Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 9(2), 21(2) (with s. 38(2)); S.I. 2004/2575, art. 2(1) , Sch. 1
C5 Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 4 ; S.I. 2004/2575 , art. 2(1) , Sch. 1
C6Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19
C7Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35
C8Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37
C9Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24
C10Pt. 2 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 73(7)-(11) (with s. 73(6))
C11Pt. 2 modified (10.6.2021) by Finance Act 2021 (c. 26), s. 9(1)(a)
C12Pt. 2 modified (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 7
(1)Expenditure on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45O if, at any relevant time—
(a)the primary use to which the plant or machinery is put is other than in an area which, at the time the expenditure was incurred, was a [F3special tax site], or
(b)the plant or machinery is held for use otherwise than primarily in an area which was a [F3special tax site] at that time.
(2)“Relevant time” means a time within the relevant period when the plant or machinery is owned by—
(a)the company that incurred the expenditure, or
(b)a person who is, or at any time in that period has been, connected with that company.
(3)“The relevant period” means the period of 5 years beginning with—
(a)the day on which the plant or machinery in question is first brought into use for the purposes of a qualifying activity carried on by the company, or
(b)if earlier, the day on which it is first held for such use.
[F4(3A)The Treasury may by regulations make provision adding, removing or altering, or otherwise about, circumstances in which expenditure on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45O.
(3B)The power to make regulations under subsection (3A) may be exercised only in relation to expenditure incurred on or after the date on which the regulations come into force.
(3C)Subsections (3) and (4) of section 45P apply in relation to regulations under subsection (3A) as they apply in relation to regulations under that section.]
(4)All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (1) [F5or regulations under subsection (3A)].
(5)If a person who has made a return becomes aware that, after making it, anything in it has become incorrect because of the operation of this section [F6or of regulations under subsection (3A)], that person must give notice to an officer of Revenue and Customs specifying how the return needs to be amended.
(6)The notice must be given within 3 months beginning with the day on which the person first became aware that anything in the return had become incorrect because of the operation of this section [F7or of regulations under subsection (3A)].]
Textual Amendments
F1Ss. 45O-45R inserted (10.6.2021) by Finance Act 2021 (c. 26), Sch. 22 para. 3
F2Words in s. 45R heading substituted (24.2.2022) by Finance Act 2022 (c. 3), Sch. 16 para. 3(2)
F3Words in ss. 45O-45R substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 23 para. 11(b)
F4S. 45R(3A)-(3C) inserted (24.2.2022) by Finance Act 2022 (c. 3), Sch. 16 para. 3(3)
F5Words in s. 45R(4) inserted (24.2.2022) by Finance Act 2022 (c. 3), Sch. 16 para. 3(4)
F6Words in s. 45R(5) inserted (24.2.2022) by Finance Act 2022 (c. 3), Sch. 16 para. 3(5)
F7Words in s. 45R(6) inserted (24.2.2022) by Finance Act 2022 (c. 3), Sch. 16 para. 3(6)