Capital Allowances Act 2001 section 176

Person with interest in relevant land having fixture for purposes of qualifying activity

Section 176 establishes when a person who holds an interest in land can be treated as the owner of a fixture for capital allowances purposes, and provides tie-breaker rules where more than one person could claim ownership.

• A person who spends capital on plant or machinery that becomes a fixture is treated as the owner of that fixture, provided they hold an interest in the relevant land at the time it becomes a fixture
• Where two or more people with different land interests could each be treated as the owner of the same fixture, only one person's interest is recognised
• Tie-breaker rules give priority first to easements or servitudes, then to licences to occupy, and finally to the lesser interest (such as a lease rather than a freehold)
• This section is subject to overriding provisions in sections 177(4) and 180A(4), which deal with equipment lessors and energy services providers respectively