Section 57 Available qualifying expenditure
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(1) The general rule is that a person's available qualifying expenditure in a pool for a chargeable period consists of—
(a) any qualifying expenditure allocated to the pool for that period in accordance with section 58, and
(b) any unrelieved qualifying expenditure carried forward in the pool from the previous chargeable period under section 59.
(2) A person's available qualifying expenditure in a pool for a chargeable period also includes any amount allocated to the pool for that period under—
section 26(3) (net costs of demolition);
section 86(2) or 87(2) (allocation of expenditure in short-life asset pool);
section 111(3) (overseas leasing: standard recovery mechanism);
section 129(1), 132(2), 133(3) or 137 (provisions relating to operation of single ship pool and deferment of balancing charges in respect of ships);
[section 161C(2) (decommissioning expenditure incurred by person carrying on trade of oil extraction);]1
section 165(3) ([general decommissioning expenditure]2 incurred after cessation of ring fence trade);
section 206(3) (plant or machinery used partly for purposes other than those of the qualifying activity);
section 211(4) (partial depreciation subsidy paid).
Amendments
1 Substituted by Finance Act 2001 section 68 and Schedule 20 para 5(2) in relation to certain decommissioning expenditure incurred on or after 7 August 2000 (subject to transitional provisions) and in relation to chargeable periods ending on or after 6 April 2001 for income tax purposes, or on or after 1 April 2001 for corporation tax purposes.
2 Substituted by Finance Act 2008 section 109 and Schedule 34 para 4 in relation to expenditure incurred on or after 12 March 2008.
(3) A person's available qualifying expenditure does not include any expenditure excluded by—
section 8(4) or 9(1) (rules against double relief);
[section 70DA (transfer and long funding leaseback);]1
section 166(2) (transfers of interests in oil fields: anti-avoidance);
section 185(2), 186(2) or 187(2) (restrictions where other claims made in respect of fixture);
section 218(1) ...2, 228(2)[, 229A]3, 242(2), or 243(2) (general anti-avoidance provisions).
Amendments
1 Entry relating to section 70DA inserted by Finance Act 2009 section 64 and Schedule 32 para 14 from 13 November 2008.
2 Omitted by Finance Act 2008 section 55 and Schedule 20 para 6(4) with effect in the case of plant or machinery which is the subject of a sale and finance leaseback (as defined in section 221) where the date of the transaction is on or after 9 October 2007.
3 Inserted by Finance Act 2009 section 64 and Schedule 33 para 20 from 13 November 2008.
(4) Subsection (1) is also subject to section 220 (allocation to chargeable periods of expenditure incurred on plant or machinery for leasing under finance lease).



