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Legislation
Capital Allowances Act 2001

Crossheading Annual investment allowance

  • Section 51A Entitlement to annual investment allowance
  • Section 51B First restriction: companies
  • Section 51C Second restriction: groups of companies
  • Section 51D Third restriction: groups of companies under common control
  • Section 51E Fourth restriction: other companies under common control
  • Section 51F Companies and groups: meaning of “control”
  • Section 51G Companies and groups: meaning of “related”
  • Section 51H Fifth restriction: qualifying activities under common control
  • Section 51I Qualifying activities: meaning of control
  • Section 51J Qualifying activity: meaning of “related”
  • Section 51JA Sixth restriction: allocation where profits chargeable at NI rate
  • Section 51K Operation of annual investment allowance where restrictions apply
  • Section 51L Special provision for short chargeable periods
  • Section 51M Special provision for long chargeable periods
  • Section 51N Special provision for long chargeable periods: supplementary
  1. Annual investment allowance
  2. Entitlement to annual investment allowance

Section 51A | Entitlement to annual investment allowance F1

From legislation.gov.uk

(1)A person is entitled to an allowance (an “annual investment allowance”) in respect of AIA qualifying expenditure if—F1

(a)the expenditure is incurred in a chargeable period to which this Act applies, andF1

(b)the person owns the plant and machinery at some time during that chargeable period.F1

(2)Any annual investment allowance is made for the chargeable period in which the AIA qualifying expenditure is incurred.F1

(3)If the AIA qualifying expenditure incurred in a chargeable period is less than or equal to the maximum allowance, the person is entitled to an annual investment allowance in respect of all the AIA qualifying expenditure.F1

(4)If the AIA qualifying expenditure incurred in a chargeable period is more than the maximum allowance, the person is entitled to an annual investment allowance in respect of so much of the AIA qualifying expenditure as does not exceed the maximum allowance.F1

(5)The maximum allowance is £1,000,000.F1F2

(6)But if the chargeable period is more or less than a year, the maximum allowance is proportionately increased or reduced.F1

(7)A person may claim an annual investment allowance in respect of all the AIA qualifying expenditure in respect of which the person is entitled to an allowance, or in respect of only some of it.F1

(8)The Treasury may by order substitute for the amount for the time being specified in subsection (5) such greater amount as it thinks fit.F1F3

(9)An order under subsection (8) may make such incidental, supplemental, consequential and transitional provision as the Treasury thinks fit.F1

(10)This section is subject to—F1

(a)sections 51B to 51N (restrictions on entitlement to annual investment allowance),section 70DA(2) (transfer and long funding leaseback: no annual investment allowance for lessee),F1F4

(b)section 205 (reduction of allowance if plant or machinery provided partly for purposes other than those of qualifying activity),F1

(c)section 210 (reduction of allowance if it appears that a partial depreciation subsidy is or will be payable), andF1

(d)sections 217, 218A, 229A(2) and 241 (anti-avoidance: no allowance in certain cases),F1F5

and needs to be read with section 236 (additional VAT liabilities).

Notes

  1. F1

    Ss. 51A-51N and cross-heading inserted (with effect in accordance with Sch. 24 para. 23 to the amending Act) by Finance Act 2008 (c. 9), Sch. 24 para. 3

  2. F2

    Sum in s. 51A(5) substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 8(2)(a)

  3. F3

    Word in s. 51A(8) substituted (with effect in accordance with s. 11(5)-(13) of the amending Act) by Finance Act 2011 (c. 11), s. 11(3)

  4. F4

    Words in s. 51A(10) inserted (as an unnumbered paragraph) (with effect in accordance with Sch. 32 para. 17 to the amending Act) by Finance Act 2009 (c. 10), Sch. 32 para. 12

  5. F5

    Word in s. 51A(10) inserted (with effect in accordance with Sch. 32 para. 22 to the amending Act) by Finance Act 2009 (c. 10), Sch. 32 para. 18

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