C2

C1C7C4C3C9C10C11C12Part 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)

C7

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

C9

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

C10

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

C11

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

C12

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

C7C4C6C5C3Chapter 5 Allowances and charges

Annotations:
Modifications etc. (not altering text)
C5

Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 para. 10 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1

First-year allowances

52 First-year allowances

1

A person is entitled to a first-year allowance in respect of first-year qualifying expenditure if—

a

the expenditure is incurred in a chargeable period to which this Act applies, and

b

the person owns the plant or machinery at some time during that chargeable period.

2

Any first-year allowance is made for the chargeable period in which the first-year qualifying expenditure is incurred.

C83

The amount of the allowance is a percentage of the first-year qualifying expenditure in respect of which the allowance is made, as shown in the Table—

Table

Amount of first-year allowances

Type of first-year qualifying expenditure

Amount

F7. . .

F7. . .

F6. . .

F6. . .

F7. . .

F7. . .

F1Expenditure qualifying under section 45A (expenditure on energy-saving plant or machinery

100%

F2Expenditure qualifying under section 45D (expenditure on cars with low CO2 emissions)

100%

F12Expenditure qualifying under section 45DA (expenditure on zero-emission goods vehicles)

100%

F3Expenditure qualifying under section 45E (expenditure on plant or machinery for gas refuelling station)

100%

F8Expenditure qualifying under section 45F (expenditure for use wholly in a ring fence trade)

100%

F4Expenditure qualifying under section 45H (expenditure on environmentally beneficial plant or machinery)

100%

F5...

4

A person who is entitled to a first-year allowance may claim the allowance in respect of the whole or a part of the first-year qualifying expenditure.

5

Subsection (1) needs to be read with section 236 (first-year allowances in respect of additional VAT liabilities) and is subject to—

  • F10section 70DA(2) (transfer and long funding leaseback: no first-year allowance for lessee),

  • section 205 (reduction of first-year allowance if plant or machinery provided partly for purposes other than those of qualifying activity),

  • section 210 (reduction of first-year allowance if it appears that a partial depreciation subsidy is or will be payable), F13...

  • F14section 212T (cap on first-year allowances: zero-emission goods vehicles), and

  • sections 217F11, 229A(2) F9... and 241 (anti-avoidance: no first-year allowance in certain cases).