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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. Incoming lessee where lessor entitled to allowances

Section 183 | Incoming lessee where lessor entitled to allowances

From legislation.gov.uk

(1)If—

(a)after any plant or machinery has become a fixture, a person (“the lessor”) who has an interest in the relevant land grants a lease,

(b)the lessor is entitled to an allowance in respect of the fixture for the chargeable period in which the lease is granted or would be if he were within the charge to tax,

(c)the consideration which the lessee gives for the lease is or includes a capital sum that, in whole or in part, falls to be treated for the purposes of this Part as expenditure on the provision of the fixture,

(d)the lessor and the lessee are not connected persons, and

(e)the lessor and the lessee make an election under this section,

the lessee is to be treated, on and after the time when the lease is granted, as the owner of the fixture as a result of incurring that expenditure.

(2)An election under this section must be made by notice to an officer of Revenue and Customs within 2 years after the date on which the lease takes effect.F1

Notes

  1. F1

    Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 83(1); S.I. 2005/1126, art. 2(2)(h)

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