C1C4C3C5C7C2C6Part 8Intangible fixed assets

Annotations:
Modifications etc. (not altering text)
C4

Pt. 8 modified (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 601, 1184(1) (with Sch. 2)

C5

Pt. 8 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 1(3); S.I. 2012/628, art. 3(b)

C2

Pt. 8 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)

C6

Pt. 8 modified (6.4.2020) by Finance Act 2019 (c. 1), Sch. 5 paras. 35, 45 (with Sch. 5 para. 36)

C1C3C7Chapter 16Pre-FA 2002 assets etc

When assets are treated as created or acquired

885F3Assets representing non-qualifying expenditure: time of creation

1

This section—

a

applies for the purposes of section 882 (application of this Part to assets created or acquired on or after 1 April 2002), and

b

applies to an F2... asset representing non-qualifying expenditure.

2

In this section “non-qualifying expenditure” means expenditure that under the law as it was before 1 April 2002 is not qualifying expenditure for the purposes of any allowance under CAA 2001.

3

If only part of the expenditure on the creation or acquisition of the asset is non-qualifying expenditure, this Part applies as if there were separate assets representing the non-qualifying expenditure and the other expenditure.

4

If this Part does not apply to the asset representing the non-qualifying expenditure, the alternative enactments also apply as if there were a separate asset representing that expenditure.

5

In subsection (4) “the alternative enactments” means the enactments that apply where this Part does not apply.

6

Any apportionment necessary for the purposes of subsection (3) or (4) must be made on a just and reasonable basis.

7

An asset to which this section applies is treated for the purposes of section 882 as created F1

a

before (and not on or after) 1 April 2002 in a case in which the asset in question was held at any time before that date by the company or a related party, and

b

on or after 1 April 2002 in any other case.