Revenue Note for Guidance

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Revenue Note for Guidance

341 Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures

Summary

Subject to conditions, accelerated capital allowances, by way of industrial building (initial) allowance and accelerated writing-down allowances (free depreciation), are available in respect of capital expenditure incurred in the qualifying period on the construction or refurbishment of certain industrial buildings or structures in designated areas and, subject to further conditions, in respect of capital expenditure incurred on the refurbishment of such buildings in designated streets. The initial allowance available provides for the write-off of 25 per cent of expenditure incurred (available to both lessors and owner-occupiers). Free depreciation (available only to owner-occupiers) allows for the write-off of up to 50 per cent of expenditure incurred. Any balance of expenditure unallowed may be written off under the normal annual writing-down allowances provided for by section 272. The industrial buildings or structures covered by the section are mills, factories and other similar premises and laboratories the sole or main function of which is the analysis of minerals.

Details

Qualifying industrial buildings or structures

(1) The section applies to certain industrial buildings or structures the sites of which are wholly within a designated area or which front on to a designated street. The industrial buildings or structures covered are those in use for the purposes of a trade carried on in a mill, factory or other similar premises or in a laboratory the sole or main function of which is the analysis of minerals in connection with the exploration for, or extraction of, minerals.

Allowances available

The normal industrial building writing-down allowances of 4 per cent per annum are already available under section 272 in respect of capital expenditure incurred on the construction or refurbishment of qualifying industrial buildings or structures. Accelerated capital allowances are now made available as follows in respect of such construction or refurbishment expenditure.

Designated areas

(2) An industrial building (initial) allowance of 25 per cent is made available under section 271 in respect of qualifying expenditure (see subsection (6)) on the construction or refurbishment of qualifying industrial buildings or structures in the designated areas. The allowance is available to both owner-occupiers and lessors of such buildings or structures.

(3) Accelerated writing-down allowances (free depreciation) of 50 per cent are made available under section 273 in respect of qualifying expenditure (see subsection (6)) on the construction or refurbishment of qualifying industrial buildings or structures in the designated areas. Free depreciation is available only to owner-occupiers of such buildings or structures – it is not available to lessors.

Designated streets

(2), (3) & (4)(a) An industrial building (initial) allowance of 25 per cent and accelerated writing-down allowances (free depreciation) of 50 per cent are also available in respect of qualifying expenditure (see subsection (6)) incurred on the refurbishment of qualifying industrial buildings or structures which front on to a designated street. (These allowances are not available in respect of construction expenditure on such buildings or structures.) In order for the allowances to apply in the case of qualifying refurbishment expenditure, 2 conditions must be satisfied. These are that—

  • the qualifying industrial building or structure must be comprised in a building or structure in existence on 1 August, 1994, and
  • apart from the capital expenditure incurred on the refurbishment of the industrial building or structure in the qualifying period, expenditure must also be incurred on the existing building which qualified for relief under—
    • section 347, which provided relief for expenditure incurred on the conversion of certain buildings into rented residential accommodation,
    • section 348, which provided relief for expenditure incurred on the refurbishment of multi-dwelling rented residential accommodation, or
    • section 349, which provided relief for expenditure incurred on the construction or refurbishment of owner-occupied residential accommodation.

(4)(b) Moreover, the amount of the capital expenditure incurred on the refurbishment of the industrial building or structure which qualifies for the industrial building (initial) allowance and free depreciation is confined to an amount which does not exceed the aggregate amount of the expenditure incurred on the residential element of the existing building which qualifies for relief under sections 347, 348 and 349. It should be noted, however, that any capital expenditure incurred on the refurbishment of the industrial unit which [because of the operation of this provision or the fact that the industrial building (initial) allowance and free depreciation are respectively confined to 25 per cent and 50 per cent of the expenditure incurred] does not qualify for the industrial building (initial) allowance or free depreciation by virtue of this section, will still qualify for the normal industrial building writing-down allowance of 4 per cent per annum under section 272.

Balancing charge

(5) Where a sale or other event which normally might give rise to a balancing charge under section 274 occurs in relation to a qualifying industrial building or structure, a balancing charge will not be made if that event occurs more than 13 years after the building or structure was first used or, in the case where refurbishment expenditure on the building or structure qualified for capital allowances, more than 13 years after that expenditure was incurred.

Qualifying expenditure

(6) The capital expenditure which is to qualify for the industrial building (initial) allowance and free depreciation must be expenditure incurred on construction or refurbishment work actually carried out during the qualifying period. Where work commences, but is not completed, in the qualifying period, only the part of the expenditure referable to the work carried out in that period qualifies for those allowances. Of course, title to the normal writing-down allowances under section 272 will still exist in relation to the part of the expenditure referable to work carried out outside the qualifying period.

This provision negates, for the purposes only of determining the amount of expenditure which is to qualify for the industrial building (initial) allowance and free depreciation, other provisions of the Tax Acts which, by treating expenditure as incurred later than the carrying out of the work, might otherwise deprive a person of those allowances. The provisions so negated are —

  • section 279 which deals with a case where an industrial building or structure is bought before it is used or within one year of it commencing to be used and provides for certain expenditure to be treated as having been incurred when the purchase price becomes payable,
  • section 316(2) which for the purposes of capital allowances for industrial buildings or structures treats expenditure as incurred when the sum in question becomes payable, and
  • section 316(3) which for the purposes of industrial building (initial) allowances treats expenditure incurred before a trade commences as incurred when the trade commences.

Relevant Date: Finance Act 2018