Section 28 Thermal insulation of ... buildings
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Amendments
Heading word omitted by Finance Act 2008 section 71(6) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
(1) This section applies to expenditure if a person carrying on a qualifying activity [other than an ordinary property business or an overseas property business]1 has incurred it in adding insulation against loss of heat to [a]2 building occupied by him for the purposes of [the qualifying activity]3.
Amendments
1 Substituted by Finance Act 2008 section 28 para 71(2)(a) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
2 Substituted by Finance Act 2008 section 28 para 71(2)(b) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
3 Substituted by Finance Act 2008 section 28 para 71(2)(c) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
(2) This section also applies to expenditure if a person carrying on a qualifying activity consisting of an ordinary [property]1 business [or an overseas property business]2 has incurred it in adding insulation against loss of heat to [a]3 building let by him in the course of the business.
Amendments
1 Substituted by Income Tax (Trading and Other Income) Act 2005 section 882(1) and Schedule 1 para 531 for 2005-06 and later tax years (for income tax purposes), and for accounting periods ending after 5 April 2005 (for corporation tax purposes).
2 Substituted by Finance Act 2001 section 69 and Schedule 21 para 1 as respects allowances and charges falling to be made for chargeable periods ending on or after 6 April 2001 (for income tax purposes), and as respects allowances and charges falling to be made for chargeable periods ending on or after 1 April 2001 (for corporation tax purposes).
3 Substituted by Finance Act 2008 section 28 para 71(3) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
(2A) Subsection (2) is subject to section 35 (expenditure on plant or machinery for use in dwelling-house not qualifying expenditure).
Amendments
Subs (2A) inserted by Finance Act 2008 section 28 para 71(4) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
(2B) This section does not apply to expenditure within subsection (2) if a deduction for that expenditure is allowable—
(a) under section 31ZA of ICTA, or
(b) under section 312 of ITTOIA 2005,
(deductions for expenditure on energy-saving items).
Amendments
Subs (2B) inserted by Finance Act 2008 section 28 para 71(4) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
(2C) For the purposes of subsection (2B), whether such a deduction is allowable is to be determined without regard to subsection (1)(e) of the section in question.
Amendments
Subs (2C) inserted by Finance Act 2008 section 28 para 71(4) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
(3) ...
Amendments
Subs (3) omitted by Finance Act 2008 section 28 para 71(5) in relation to expenditure incurred on or after 6 April 2008 (for income tax purposes), or 1 April 2008 (for corporation tax purposes).
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