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Legislation
Capital Allowances Act 2001

Crossheading Deferment of balancing charges

  • Section 134 Deferment of balancing charges: introduction
  • Section 135 Claim for deferment
  • Section 136 Further conditions for deferment
  • Section 137 Effect of deferment
  • Section 138 Limit on amount deferred
  • Section 139 Amount taken into account in respect of old ship
  1. Deferment of balancing charges
  2. Claim for deferment

Section 135 | Claim for deferment

From legislation.gov.uk

(1)A person (“the shipowner”) who is liable to a balancing charge for a chargeable period may claim deferment of all or part of the charge if—

(a)in the chargeable period there is a disposal event (“the relevant disposal event”) in respect of a ship (“the old ship”),

(b)the old ship—

(i)was provided for the purposes of a qualifying activity carried on by the shipowner, and

(ii)was owned by the shipowner at some time in the chargeable period, and

(c)the conditions in section 136 are met.

(2)The amount which may be deferred is subject to the limit in section 138.

(3)For income tax purposes, a claim for deferment must be made on or before the normal time limit for amending a tax return for the tax year in which the relevant chargeable period ends.

(4)“The relevant chargeable period” means the chargeable period for which the shipowner is liable to the balancing charge.

(5)For corporation tax purposes, Part IX of Schedule 18 to FA 1998 applies in relation to the making of a claim for deferment as it applies in relation to the making of a claim for an allowance.

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