Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Capital Allowances Act 2001

Chapter 4 Writing-down allowances

  • Section 372 Entitlement to writing-down allowance
  • Section 373 Basic rule for calculating amount of allowance
  • Section 374 First use of building not for purposes of husbandry, etc.
  • Section 375 Effect of acquisition of relevant interest after first use of building
  • Section 376 Calculation of allowance after acquisition
  • Section 377 Chargeable period when balancing adjustment made
  • Section 378 Allowance limited to residue of qualifying expenditure
  • Section 379 Final writing-down allowance
  1. Chapter 4 · Writing-down allowances
  2. Effect of acquisition of relevant interest after first use of building

Section 375 | Effect of acquisition of relevant interest after first use of building F1

From legislation.gov.uk

(1)This section applies if—

(a)a person (“the former owner”) would be entitled to an allowance under this Part in respect of any expenditure if he continued to be the owner of the relevant interest, and

(b)another person (“the new owner”) acquires the relevant interest in the whole or a part of the related agricultural land.

(2)For the purposes of subsection (1)(b), it is immaterial whether the relevant interest is acquired by transfer, by operation of law or otherwise.

(3)The former owner—

(a)is not entitled to an allowance for any chargeable period after that in which the acquisition occurs, and

(b)if the acquisition occurs during a chargeable period, is entitled only to an appropriate part of any writing-down allowance for that period.

(4)The new owner—

(a)is entitled to allowances for the chargeable period in which the acquisition occurs and for subsequent chargeable periods falling wholly or partly within the writing-down period, and

(b)if the acquisition occurs during a chargeable period, is entitled only to an appropriate part of any writing-down allowance for that period.

(5)If the new owner acquires the relevant interest in part only of the related agricultural land, subsections (3) and (4) apply to so much only of the allowance as is properly referable to that part of the agricultural land as if it were a separate allowance.

Notes

  1. F1

    Pt. 4 omitted (with effect in relation to chargeable periods beginning on or after 1.4.2011 for corporation tax purposes and 6.4.2011 for income tax purposes in accordance with ss. 84(1)(3)(4), 85 of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 84(2) (with Sch. 27)

PreviousNext
PrivacyTerms