380W Supplementary provisions

Summary

This section provides for a claw back of the additional 50% allowance for wear and tear and industrial buildings allowances if the machinery, plant or buildings are sold without being used for the purposes of a relevant trade, or within two years of being used.

Details

Withdrawal of additional allowance

(1) Where an additional allowance has been made under section 380T(1)(b) or 380U(b) in respect of expenditure incurred on the provision of new plant, machinery or industrial buildings or structure and the machinery, plant or building or structure is sold without having been used for the purposes of a relevant trade or within 2 years of being so used, then the allowance may be withdrawn by way of amended assessment.

Expenditure allowed as a deduction in taxing a trade

(2) For the purposes of this Part capital expenditure does not include any expenditure for which a deduction is allowed in computing the profits or gains of a trade.

Bar on double relief

(3) Where, by virtue of this Part, relief is given in relation to relocation expenditure, no relief is given in respect of that expenditure under any other provision of the Tax Acts.

Miscellaneous

(4) The provisions of Chapter 4 of Part 9 are deemed to apply as if this Part where contained in Part 9.

Relevant Date: Finance Act 2021