C2

C1C5C4C3C6C7C8C9Part 2 Plant and machinery allowances

Annotations:
Modifications etc. (not altering text)
C1

Pt. 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. 34) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

C5

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

C3

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

C6

Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19

C7

Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35

C8

Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37

C9

Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24

Chapter 4 First-year qualifying expenditure

F6Environmentally beneficial components of plant or machinery

Annotations:
Amendments (Textual)
F6

S. 45H-45J inserted (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14), Sch. 30 para. 3

46 General exclusions F13...

1

Expenditure within any of the general exclusions in subsection (2) is not first-year qualifying expenditure under F7any of the following provisions

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F1 section 45A (expenditure on energy-saving plant or machinery)F2,

  • section 45D (expenditure on cars with low CO2 emissions),

  • F17section 45DA (expenditure on zero-emission goods vehicles),

  • F3section 45E (expenditure on plant or machinery for gas refuelling station), F8...

  • F4section 45F (expenditure on plant and machinery for use wholly in a ring fence trade)

    F9section 45H expenditure on environmentally beneficial plant or machinery.

  • F18section 45K (expenditure on plant and machinery for use in designated assisted areas).

2

The general exclusions are—

  • General exclusion 1

    The expenditure is incurred in the chargeable period in which the qualifying activity is permanently discontinued.

  • General exclusion 2

    The expenditure is incurred on the provision of a car (as defined by section F16268A).

  • General exclusion 3

    The expenditure is of the kind described in section 94 (ships).

  • General exclusion 4

    The expenditure is of the kind described in section 95 (railway assets).

  • General exclusion 5

    The expenditure would be long-life asset expenditure but for paragraph 20 of Schedule 3 (transitional provisions).

  • General exclusion 6

    The expenditure is on the provision of plant or machinery for leasing (whether in the course of a trade or otherwise).

    For this purpose, the letting of a ship on charter, or of any other asset on hire, is to be regarded as leasing (whether or not it would otherwise be so regarded).

  • General exclusion 7

    The circumstances of the incurring of the expenditure are that—

    1. a

      the provision of the plant or machinery on which the expenditure is incurred is connected with a change in the nature or conduct of a trade or business carried on by a person other than the person incurring the expenditure, and

    2. b

      the obtaining of a first-year allowance is the main benefit, or one of the main benefits, which could reasonably be expected to arise from the making of the change.

  • General exclusion 8

    F11Any of the following sections applies—

    • section 13 (use for qualifying activity of plant or machinery provided for other purposes);

    • F12section 13A (use for other purposes of plant or machinery provided for long funding leasing);

    • section 14 (use for qualifying activity of plant or machinery which is a gift).

    This is subject to section 161 (pre-trading expenditure on mineral exploration and access).

F53

Subsection (1) is subject to the following provisions of this section.

4

General exclusion 2 does not prevent expenditure being first-year qualifying expenditure under section 45D.

F105

General exclusion 6 does not prevent expenditure being first-year qualifying expenditure under any of the following provisions—

  • section 45A, if the condition in subsection (6) is met,

  • section 45D,

  • section 45H, if the condition in subsection (6) is met.

6

The condition is that the plant or machinery is provided for leasing under an excluded lease of background plant or machinery for a building, within the meaning given by section 70R.