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Legislation
Capital Allowances Act 2001

Crossheading Giving effect to allowances and charges

  • Section 391 Trades
  • Section 392 UK property businesses
  1. Giving effect to allowances and charges
  2. UK property businesses

Section 392 | UK property businesses

From legislation.gov.uk

(1)This section applies if a person who is entitled or liable to an allowance or charge for a chargeable period was not carrying on a trade in that period.

(2)If the person was carrying on a UK property business ... at any time in that period, the allowance or charge is to be given effect in calculating the profits of that business, by treating—F1F2

(a)the allowance as an expense of that business, and

(b)the charge as a receipt of that business.

(2A)If the person... was not carrying on a UK property business at any time in that period, the allowance or charge is to be given effect by treating the person as having carried on such a business in that period and as if—F3F4F5

(a)the allowance were an expense of that business, andF3

(b)the charge were a receipt of that business.F3

(3)RepealedF6

Notes

  1. F1

    Words in s. 392(2) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 558(2) (with Sch. 2)

  2. F2

    Words in s. 392(2) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 504(2), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

  3. F3

    S. 392(2A) inserted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 558(3) (with Sch. 2)

  4. F4

    Words in s. 392(2A) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 504(3)(a), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

  5. F5

    Words in s. 392(2A) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 504(3)(b) (with Sch. 2 Pts. 1, 2)

  6. F6

    S. 392(3) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 504(4), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

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