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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. Third restriction: groups of companies under common control

Section 51D | Third restriction: groups of companies under common control F1

From legislation.gov.uk

(1)Where in a financial year two or more groups of companies are—F1

(a)controlled by the same person (see section 51F), andF1

(b)related to one another (see section 51G),F1

this section applies in relation to the companies which are members of those groups.

(2)The companies are entitled to a single annual investment allowance between them in respect of the relevant AIA qualifying expenditure.F1

(3)The companies may allocate the annual investment allowance to the relevant AIA qualifying expenditure as they think fit.F1

(4)The relevant AIA qualifying expenditure is the AIA qualifying expenditure incurred by the companies in chargeable periods ending in the financial year mentioned in subsection (1).F1

(5)In this section and in sections 51F and 51G, a group of companies means—F1

(a)a company which, in the financial year mentioned in subsection (1), is a parent undertaking of one or more other companies, andF1

(b)those other companies,F1

(and the members of the group are the company which is the parent undertaking and those other companies).

(6)A company (“P”) is a parent undertaking of another company (“C”) in a financial year if P is a parent undertaking of C at the end of C's chargeable period ending in that financial year.F1

(7)In this section “parent undertaking” has the same meaning as in section 1162 of the Companies Act 2006.F1

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

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