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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. Fifth restriction: qualifying activities under common control

Section 51H | Fifth restriction: qualifying activities under common control F1

From legislation.gov.uk

(1)This section applies in relation to two or more qualifying activities which, in a tax year—

(a)are carried on by a qualifying person other than a company,

(b)are controlled by the same person (see section 51I), and

(c)are related to one another (see section 51J).

(2)A qualifying activity is carried on by a qualifying person in a tax year if it is carried on by the person at the end of the chargeable period for the activity ending in the tax year.

(3)Where all the qualifying activities are carried on by one qualifying person, that person is entitled to a single annual investment allowance in respect of the relevant AIA qualifying expenditure.

(4)Where the qualifying activities are carried on by more than one qualifying person, those persons are entitled to a single annual investment allowance between them in respect of the relevant AIA qualifying expenditure.

(5)The person or persons carrying on the qualifying activities may allocate the annual investment allowance to the relevant AIA qualifying expenditure as the person or persons think fit.

(6)The relevant AIA qualifying expenditure is the AIA qualifying expenditure incurred for the purposes of the qualifying activities in the chargeable periods for those activities ending in the tax year mentioned in subsection (1).

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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