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Section 35 Expenditure on plant or machinery for use in dwelling-house not qualifying expenditure in certain cases

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(1) This section applies if a person is carrying on a qualifying activity consisting of—

(a) an ordinary [property]1 business,

(b) an overseas property business, or

(c) special leasing of plant or machinery.

Amendments

1 Substituted by Income Tax (Trading and Other Income) Act 2005 section 882(1) and Schedule 1 para 533 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) The person's expenditure is not qualifying expenditure if it is incurred in providing plant or machinery for use in a dwelling-house.

(3) If plant or machinery is provided partly for use in a dwelling-house and partly for other purposes, such apportionment of the expenditure incurred in providing that plant or machinery is to be made for the purposes of subsection (2) as is just and reasonable.

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