Section 180A | Energy services providers ^F1

(1)If—^F1

(a)an energy services agreement is entered into,^F1

(b)the energy services provider incurs capital expenditure under the agreement on the provision of plant or machinery,^F1

(c)the plant or machinery becomes a fixture,^F1

(d)at the time the plant or machinery becomes a fixture—^F1

(i)the client has an interest in the relevant land, and^F1

(ii)the energy services provider does not,^F1

(e)the plant or machinery—^F1

(i)is not provided for leasing, and^F1

(ii)is not provided for use in a dwelling-house,^F1

(f)the operation of the plant or machinery is carried out wholly or substantially by the energy services provider or a person connected with him,^F1

(g)the energy services provider and the client are not connected persons, and^F1

(h)they elect that this section should apply,^F1

the energy services provider is to be treated, on and after the time at which he incurs the expenditure, as the owner of the fixture as a result of incurring the expenditure.

(2)But if the client would not have been entitled to a section 176 allowance in respect of the expenditure if he had incurred it, subsection (1) does not apply unless the plant or machinery belongs to a class of plant or machinery specified by Treasury order.^F1

(3)In subsection (2) a “ section 176 allowance ” means an allowance to which a person is entitled as a result of section 176.^F1

(4)If an election is made under this section, the client is not to be treated under section 176 as the owner of the fixture.^F1

(5)An election under this section must be made by notice to an officer of Revenue and Customs—^F1F2

(a)for income tax purposes, on or before the normal time limit for amending a tax return for the tax year in which the relevant chargeable period ends;^F1

(b)for corporation tax purposes, no later than 2 years after the end of the relevant chargeable period.^F1

(6)The “ relevant chargeable period ” means the chargeable period in which the capital expenditure was incurred.^F1