Section 3 | Claims for capital allowances
From legislation.gov.uk
(1)No allowance is to be made under this Act... unless a claim for it is made.F1
(2)The claim must be included in a tax return.
(2ZZA)Any claim for a first-year allowance under (expenditure on plant and machinery for use in special tax sites) must include, or be accompanied by, such information as Her Majesty's Revenue and Customs may require.F2F3
(2ZA)Any claim for an allowance under (structures and buildings allowances) —F4F5
(a)must be separately identified as such in the return, andF4F5F6
(b)where it relates to special tax site qualifying expenditure (as defined in ), must include, or be accompanied by, such information as Her Majesty's Revenue and Customs may require.F4F6F7
(2A)Any claim for an allowance under (business premises renovation allowances) must be separately identified as such in the return.F8
(2B)RepealedF9
(3)In this Act “tax return” means—
(a)for income tax purposes, a return required to be made under , and
(b)for corporation tax purposes, a company tax return required to be made under (company tax returns, assessments and related matters).
(4)Subsection (2) does not apply for income tax purposes to a claim for an allowance under—
(a) (claim for allowance in respect of special leasing of plant or machinery),
(b)RepealedF10
(c) (claim for patent allowance in respect of non-trading expenditure),
which is instead subject to (procedure for making claims and claims not included in returns).
(5)Subsection (2) does not apply for corporation tax purposes to a claim for an allowance under—
(a) (claim to carry back allowance in respect of special leasing of plant or machinery), or
(b)RepealedF11
which is instead subject to paragraphs 54 to 60 of Schedule 18 to FA 1998 (general provisions as to claims).
(6)This section is subject to section and (7) of TMA 1970 (special provisions relating to partnerships).