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Legislation
Capital Allowances Act 2001

Crossheading Persons who are treated as owners of fixtures

  • Section 176 Person with interest in relevant land having fixture for purposes of qualifying activity
  • Section 177 Equipment lessors
  • Section 178 Equipment lessee has qualifying activity etc.
  • Section 179 Equipment lessor has right to sever fixture that is not part of building
  • Section 180 Equipment lease is part of affordable warmth programme
  • Section 180A Energy services providers
  • Section 181 Purchaser of land giving consideration for fixture
  • Section 182 Purchaser of land discharging obligations of equipment lessee
  • Section 182A Purchaser of land discharging obligations of client under energy services agreement
  • Section 183 Incoming lessee where lessor entitled to allowances
  • Section 184 Incoming lessee where lessor not entitled to allowances
  1. Persons who are treated as owners of fixtures
  2. Purchaser of land discharging obligations of equipment lessee

Section 182 | Purchaser of land discharging obligations of equipment lessee

From legislation.gov.uk

(1)If—

(a)after any plant or machinery has become a fixture, a person (“the purchaser”) acquires an interest in the relevant land,

(b)that interest was in existence before the purchaser’s acquisition of it,

(c)before that acquisition, the plant or machinery was let under an equipment lease, and

(d)in connection with that acquisition, the purchaser pays a capital sum to discharge the obligations of the equipment lessee under the equipment lease,

the purchaser is to be treated, on and after the time of the acquisition, as the owner of the fixture as a result of incurring expenditure, consisting of that capital sum, on the provision of the fixture.

(2)Subsection (1) does not apply, and is to be treated as never having applied, if, immediately after the time of the acquisition, a person has a prior right in relation to the fixture.F1

(3)Section 181(3)(test for whether person has a prior right) applies for the purposes of subsection (2).F1

Notes

  1. F1

    S. 182(2)(3) substituted (with effect as mentioned in s. 69(2) of the amending Act) by Finance Act 2001 (c. 9), s. 69(1), Sch. 21 para. 2(3)

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