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Capital Allowances Act 2001

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Changes over time for: Section 559

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Status:

Point in time view as at 01/04/2009.

Changes to legislation:

There are currently no known outstanding effects for the Capital Allowances Act 2001, Section 559. Help about Changes to Legislation

559 Effect of successionsU.K.

This section has no associated Explanatory Notes

(1)This section applies if—

(a)a person (“the successor”) succeeds to a relevant activity which until that time was carried on by another person (“the predecessor”), and

[F1(b)the condition in subsection (1A) or (1B) (whichever is appropriate) is met.]

[F2(1A)For income tax purposes, the condition is that no person carrying on the relevant activity immediately before the succession continues to carry it on after the succession.

(1B)For corporation tax purposes, the condition is that no company carrying on the relevant activity in partnership immediately before the succession continues to carry it on in partnership after the succession.]

(2)The property in question is to be treated as if—

(a)it had been sold to the successor when the succession takes place, and

(b)the net proceeds of the sale were the market value of the property.

(3)The property in question is any property which—

(a)immediately before the succession, was in use for the purposes of the discontinued relevant activity, and

(b)immediately after the succession, and without being sold, is in use for the purposes of the new relevant activity.

(4)No entitlement to an initial allowance arises under this section.

(5)In this section “relevant activity” means a trade, property business, profession or vocation.

Textual Amendments

F1S. 559(1)(b) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 519(2) (with Sch. 2 Pts. 1, 2)

F2S. 559(1A)(1B) substituted for s. 559(1A) (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 519(3) (with Sch. 2 Pts. 1, 2)

Modifications etc. (not altering text)

C1S. 559 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 10(2)

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