Part 3Capital allowances

Plant and machinery: writing-down allowances and pools

80Main rate of writing down allowance

1

Section 56 of CAA 2001 (amount of allowances and charges) is amended as follows.

2

In subsection (1), for “25%” substitute “ 20% ”.

3

After that subsection insert—

1A

But in relation to qualifying expenditure incurred wholly for the purposes of a ring fence trade in respect of which tax is chargeable under section 501A of ICTA (supplementary charge in respect of ring fence trades), the amount of the writing-down allowance to which a person is entitled for a chargeable period is 25% of the amount by which AQE exceeds TDR.

4

In subsection (2), for “Subsection (1) is” substitute “ Subsections (1) and (1A) are ”.

5

Part 10 of Schedule 22 to FA 2000 (companies within tonnage tax: capital allowances in respect of ship leasing) is amended as follows.

6

In each of the following provisions, for “25%” substitute “ 20% ”

a

paragraph 94(3)(a) and (4),

b

paragraph 95(4),

c

paragraph 97(2) and (3),

d

paragraph 98(8), and

e

paragraph 99(2).

7

In paragraph 99—

a

in sub-paragraph (4), for “25%” substitute “ the appropriate rate ”, and

b

after that sub-paragraph insert—

5

The appropriate rate is 20%; but if for any part of the period mentioned in sub-paragraph (4) the rate of writing-down allowance to which the lessor would have been entitled under section 56(1) of the Capital Allowances Act 2001 if paragraph 94 had not applied was more than 20%, for that part of the period that rate is the appropriate rate.

8

The amendments made by this section have effect in relation to chargeable periods—

a

beginning on or after the relevant date, and

b

beginning before, and ending on or after, the relevant date.

9

But in respect of a chargeable period within subsection (8)(b), they apply as if in—

a

section 56(1) of CAA 2001,

b

the provisions listed in subsection (6), and

c

paragraph 99(5) of Schedule 22 to FA 2000,

the references to 20% were to x%.

10

For the purposes of subsection (9)—

x=(25×BRDCP)+(20×ARDCP)math

Where x would be a figure with more than 2 decimal places, it is to be rounded up to the nearest second decimal place.

11

In subsection (10)—

  • BRD is the number of days in the chargeable period before the relevant date,

  • ARD is the number of days in the chargeable period on and after the relevant date, and

  • CP is the number of days in the chargeable period.

12

The relevant date is—

a

for corporation tax purposes, 1 April 2008, and

b

for income tax purposes, 6 April 2008.