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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. Restriction on effect of election

Section 267A | Restriction on effect of election F1

From legislation.gov.uk

(1)This section applies for corporation tax purposes if—F1

(a)on any day (“the relevant day”) a person (“the predecessor”) carries on a business of leasing plant or machinery,F1

(b)on the relevant day another person (“the successor”) succeeds to the business, andF1

(c)the predecessor and the successor make an election under section 266.F1

(2)Neither—F1F2

(a)section 266(7), norF1

(b)the provisions of section 267,F1

have effect in relation to any plant or machinery which, in determining whether the business is a business of leasing plant or machinery on the relevant day, falls within section 387(7) of CTA 2010 (if the business is carried on otherwise than in partnership) or within section 410(6) of that Act (if the business is carried on in partnership).

(3)In this section “business of leasing plant or machinery”—F1

(a)has the same meaning as in Chapter 3 of Part 9 of CTA 2010 (if the business is carried on otherwise than in partnership), orF1F3

(b)has the same meaning as in Chapter 4 of that Part (if the business is carried on in partnership).F1F4

Notes

  1. F1

    S. 267A inserted (with effect in accordance with s. 85(5) of the amending Act) by Finance Act 2006 (c. 25), s. 85(4)

  2. F2

    Words in s. 267A(2) substituted (with effect in accordance with Sch. 6 para. 27 of the amending Act) by Finance Act 2011 (c. 11), Sch. 6 para. 23

  3. F3

    Words in s. 267A(3)(a) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 352(a) (with Sch. 2)

  4. F4

    Words in s. 267A(3)(b) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 352(b) (with Sch. 2)

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