C1C5C4C3C7C8C9C10C11C12Part 2 Plant and machinery allowances
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
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
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
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37
Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24
Pt. 2 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 73(7)-(11) (with s. 73(6))
Pt. 2 modified (10.6.2021) by Finance Act 2021 (c. 26), s. 9(1)(a)
Chapter 7 Computer software
72 Disposal values
1
This section applies if a person—
a
has incurred qualifying expenditure on the provision of plant consisting of computer software or the right to use or otherwise deal with computer software, and
b
grants to another a right to use or otherwise deal with the whole or part of the computer software in circumstances in which the consideration for the grant—
i
consists of a capital sum, or
ii
would consist of a capital sum if the consideration were in money.
2
The person is required to bring a disposal value into account unless—
a
while the person owned the computer software or the right to use or otherwise deal with the computer software, and
b
before the grant of the right referred to in subsection (1)(b),
there has been a disposal event falling within section 61(1)(e) (use for purposes other than those of the qualifying activity) or 61(1)(f) (permanent discontinuance of the qualifying activity).
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The disposal value to be brought into account under this section depends on the circumstances of the grant of the right, as shown in the Table—
Disposal values: grant of software right
1. Circumstances of grant | 2. Disposal value |
---|---|
1. The grant is for a consideration not consisting entirely of money. | The market value of the right granted at the time of the grant. |
2. The grant is made where—
| The market value of the right granted at the time of the grant. |
3. The grant is made in circumstances other than those given in item 1 or 2. | The net consideration in money received in respect of the grant, together with—
|
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The amounts referred to in column 2 of the Table are those received by the person required to bring the disposal value into account.
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The condition referred to in item 2 of the Table is met by the grantee if—
a
the grantee’s expenditure on the acquisition of the plant cannot be qualifying expenditure under this Part or Part 6 (research and development allowances), or
b
the grantee is a dual resident investing company which is connected with the grantor.
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)