Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Capital Allowances Act 2001

Crossheading Types of expenditure which may qualify for first-year allowances

  • Section 40 Expenditure incurred for Northern Ireland purposes by small or medium-sized enterprises
  • Section 41 Miscellaneous exclusions from section 40 (expenditure for Northern Ireland purposes etc.)
  • Section 42 Exclusion of plant or machinery partly for use outside Northern Ireland
  • Section 43 Effect of plant or machinery subsequently being primarily for use outside Northern Ireland
  • Section 44 Expenditure incurred by small or medium-sized enterprises
  • Section 45 ICT expenditure incurred by small enterprises
  • Section 45A Expenditure on energy-saving plant or machinery
  • Section 45AA Section 45A exclusion: feed-in tariffs and renewable heat incentives
  • Section 45B Certification of energy-saving plant and machinery
  • Section 45C Energy-saving components of plant or machinery
  • Section 45D Expenditure on cars with low carbon dioxide emissions
  • Section 45DA Expenditure on zero-emission goods vehicles
  • Section 45DB Exclusions from allowances under section 45DA
  • Section 45E Expenditure on plant or machinery for gas refuelling station
  • Section 45EA Expenditure on plant or machinery for electric vehicle charging point
  • Section 45F Expenditure on plant and machinery for use wholly in a ring fence trade
  • Section 45G Plant or machinery used for less than five years in a ring fence trade
  • Section 45H Expenditure on environmentally beneficial plant or machinery
  • Section 45I Certification of environmentally beneficial plant and machinery
  • Section 45J Environmentally beneficial components of plant or machinery
  • Section 45K Expenditure on plant and machinery for use in designated assisted areas
  • Section 45L Exclusion of plant or machinery partly for use outside designated assisted areas
  • Section 45M Exclusions from allowances under section 45K
  • Section 45N Effect of plant or machinery subsequently being primarily for use outside designated assisted areas
  • Section 45O Expenditure on plant and machinery for use in special tax sites
  • Section 45P Power to amend conditions
  • Section 45Q Exclusion of plant or machinery partly for use outside special tax sites
  • Section 45R Effect of failing to comply with ongoing requirements
  • Section 45S Expenditure on plant or machinery in other cases
  • Section 45T Exclusion of expenditure incurred under disqualifying arrangements
  • Section 45U Expenditure on plant or machinery in cases not falling with section 45S etc
  • Section 45V Exclusion of expenditure incurred under disqualifying arrangements
  • Section 46 General exclusions ...
  1. Types of expenditure which may qualify for first-year allowances
  2. Plant or machinery used for less than five years in a ring fence trade

Section 45G | Plant or machinery used for less than five years in a ring fence trade F1

From legislation.gov.uk

(1)Expenditure incurred by a company on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45F if the plant or machinery—

(a)is at no time in the relevant period used in a ring fence trade carried on by the company or a company connected with it, or

(b)is at any time in the relevant period used for a purpose other than that of a ring fence trade carried on by the company or a company connected with it.

(2)For the purposes of this section “ the relevant period ” means whichever of the following periods, beginning with the incurring of the expenditure, first ends, namely—

(a)the period ending with the fifth anniversary of the incurring of the expenditure, or

(b)the period ending with the day preceding the first occasion on which the plant or machinery, after becoming owned by the company which incurred the expenditure, is not owned by a company which is either that company or a company connected with it.

(3)All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (1).

(4)If a person who has made a return becomes aware that, after making it, anything in it has become incorrect because of the operation of this section, he must give notice to an officer of Revenue and Customs specifying how the return needs to be amended.F2

(5)The notice must be given within 3 months beginning with the day on which the person first became aware that anything in the return had become incorrect because of the operation of this section.

(6)In this section “ ring fence trade ” has the same meaning as in section 45F.

Notes

  1. F1

    S. 45G inserted (with effect as mentioned in s. 63 of the amending Act) by Finance Act 2002 (c. 23), s. 63, Sch. 21 para. 4

  2. F2

    Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 83(1); S.I. 2005/1126, art. 2(2)(h)

PreviousNext
PrivacyTerms