Section 33A Expenditure on provision or replacement of integral features
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Amendments
Section 33A inserted by Finance Act 2008 section 73(2) 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 where a person carrying on a qualifying activity incurs expenditure on the provision or replacement of an integral feature of a building or structure used by the person for the purposes of the qualifying activity.
(2) This Part (including in particular section 11(4)) applies as if —
(a) the expenditure were capital expenditure on the provision of plant or machinery for the purposes of the qualifying activity, and
(b) the person who incurred the expenditure owned plant or machinery as a result of incurring it.
(3) If the expenditure is qualifying expenditure, it may not be deducted in calculating the income from the qualifying activity.
(4) If the expenditure is not qualifying expenditure, whether it may be so deducted is to be determined with out regard to this section.
(5) For the purposes of this section each of the following is an integral feature—
(a) an electrical system (including a lighting system),
(b) a cold water system,
(c) a space or water heating system, a powered system of ventilation, air cooling or air purification, and any floor or ceiling comprised in such system,
(d) a lift, an escalator or a moving walkway,
(e) external solar shading.
(6) The items listed in subsection (5) do not include any asset whose principal purpose is to insulate or enclose the interior of a building or to provide an interior wall, floor or ceiling which (in each case) is intended to remain permanently in place.
(7) The Treasury may by order—
(a) provide that subsection (5) does not include a feature of a building or structure specified in the order, expenditure on which would (if not within subsection (5)) be qualifying expenditure other than special rate expenditure, and
(b) add to the list in subsection (5) a feature of a building or structure expenditure on the provision of which would not (apart from the order) be expenditure on the provision of plant or machinery.
(8) An order under subsection (7) may make such incidental, supplemental, consequential and transitional provision as the Treasury thinks fit.
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