Section 161D Exceptions to section 161C(2)
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Amendments
Section 161D inserted by Finance Act 2001 section 68 and Schedule 20 para 5(1) with effect in relation to expenditure that is incurred on or after 7 August 2000 and in a chargeable period ending on or after 6 April 2001 for income tax purposes, or 1 April 2001 for corporation tax purposes (a “relevant chargeable period”).
(1) Subsection (2) of section 161C does not apply to decommissioning expenditure on UK infrastructure unless it is incurred in connection with measures taken, wholly or substantially, in order to comply with—
(a) an abandonment programme within the meaning given by section 29 of the Petroleum Act 1998, or
(b) any condition to which the approval of such a programme is subject.
(2) Subsection (2) of section 161C does not apply to expenditure in respect of which an allowance or deduction could be made apart from that subsection in taxing, or computing, the person’s income for any tax purpose.
(3) For the purposes of subsection (1), decommissioning expenditure is “on UK infrastructure” if the plant or machinery concerned—
(a) is offshore infrastructure within section 161A(1)(a) or (c), or
(b) is not offshore infrastructure but was offshore infrastructure within section 161A(1)(a) or (c) when last in use for the purposes of the trade.
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