SolvedSection 45DB | Exclusions from allowances under section 45DA F1
From legislation.gov.uk
(1)Expenditure incurred by a person is not first-year qualifying expenditure under section 45DA if it is within subsection (2), (4) or (6).F1
(2)Expenditure is within this subsection if, at the time a claim is made under section 3 for a section 45DA allowance in respect of the expenditure, the person who incurred the expenditure is, or forms part of, an undertaking within subsection (3).F1
(3)An undertaking is within this subsection if one or both of the following conditions are met—F1
(a)it is reasonable to assume that the undertaking would be regarded as an undertaking in difficulty for the purposes of the General Block Exemption Regulation;F1F2
(b)the undertaking is subject to an outstanding recovery order made by virtue of Article 108(2) of the Treaty on the Functioning of the European Union (Commission Decision declaring aid illegal and incompatible with the common market).F1
(4)Expenditure is within this subsection if it is incurred for the purposes of a qualifying activity—F1
(a)in the fishery or aquaculture sector, as covered by Regulation (EU) No 1379/2013 of the European Parliament and of the Council, orF1F3
(b)relating to the management of waste of undertakings.F1
(5)In subsection (4)(b) the reference to waste of undertakings does not include waste of the person who incurred the expenditure or of any other person forming part of the same undertaking as that person.F1
(6)Expenditure is within this subsection to the extent that it is taken into account for the purposes of a relevant grant, or relevant payment, made towards that expenditure.F1
(7)A grant or payment is relevant if it is—F1
(a)a ... State aid, other than an allowance under this Part, orF1F4
(b)a grant or subsidy, other than a ... State aid, which the Treasury by order declares to be relevant for the purposes of the withholding of a section 45DA allowance.F1F4
(8)If a relevant grant or relevant payment towards the expenditure is made after the making of a section 45DA allowance, the allowance is to be withdrawn ....F1F5
(9)All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (8).F1
(10)Any such assessment or adjustment is not out of time if it is made within 3 years of the end of the chargeable period in which the grant or payment was made.F1
“General Block Exemption Regulation” means Commission Regulation (EU) No 651/2014 (General block exemption Regulation) as it had effect in the United Kingdom immediately before IP completion day;
“management” and “waste” have the meaning given by Article 1 of Directive 2006/12/EC of the European Parliament and of the Council;
“section 45DA allowance” means a first year allowance in respect of expenditure that is first-year qualifying expenditure under section 45DA;
“undertaking” means—and for this purpose “enterprise”, “autonomous enterprise”, “partner enterprises” and “linked enterprises” have the meaning given by Annex 1 to the General Block Exemption Regulation.
(a)an autonomous enterprise, or
(b)an enterprise (not within paragraph (a)) and its partner enterprises (if any) and its linked enterprises (if any),
(11A)Nothing in this section limits references to “State aid” to State aid which is required to be notified to and approved by the European Commission.F1F9
(12)The Treasury may by order make such provision amending this section as appears to them appropriate for the purpose of giving effect to any future amendments of or instrument replacing—F1
(a)the General Block Exemption Regulation,F1
(b)the Community Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (2004/C 244/02),F1
(c)Regulation (EU) No 1379/2013 of the European Parliament and of the Council,F1F10
(d)Directive 2006/12/EC of the European Parliament and of the Council, orF1
(e)the Treaty on the Functioning of the European Union.F1