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Legislation
Capital Allowances Act 2001

Crossheading Partnerships and successions

  • Section 263 Qualifying activities carried on in partnership
  • Section 264 Partnership using property of a partner
  • Section 265 Successions: general
  • Section 266 Election where predecessor and successor are connected persons
  • Section 267 Effect of election
  • Section 267A Restriction on effect of election
  • Section 268 Successions by beneficiaries
  1. Partnerships and successions
  2. Effect of election

Section 267 | Effect of election

From legislation.gov.uk

(1)If an election is made under section 266, the following provisions have effect.

(2)For the purposes of making allowances and charges under this Part, relevant plant or machinery is treated as sold by the predecessor to the successor—

(a)when the succession takes place, and

(b)at a price which gives rise to neither a balancing allowance nor a balancing charge.

(3)“Relevant plant or machinery” means any plant or machinery which—

(a)immediately before the succession, was owned by the predecessor, and was either in use or provided and available for use for the purposes of the qualifying activity, and

(b)immediately after the succession, is owned by the successor, and is either in use or provided and available for use for the purposes of the qualifying activity.

(4)Allowances and charges are to be made under this Part to or on the successor as if everything done to or by the predecessor had been done to or by the successor.

(5)All such assessments and adjustments of assessments are to be made as are necessary to give effect to the election.

(6)This section is subject to section 267A.F1

Notes

  1. F1

    S. 267(6) inserted (with effect in accordance with s. 85(5) of the amending Act) by Finance Act 2006 (c. 25), s. 85(3)

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