Capital Allowances Act 2001 section 270CE

Qualifying use

Section 270CE defines what counts as "qualifying use" of a building or structure for the purposes of structures and buildings allowances.

  • A building or structure is in qualifying use when it is used for non-residential purposes in connection with a qualifying activity carried out by the person holding the relevant interest in that building or structure.
  • If the extent to which a building or structure is used for a particular qualifying activity is insignificant, it is not treated as being in use for that activity.
  • Whether and to what extent a building or structure is used for a particular activity must be determined on a just and reasonable basis.
  • Where a building or structure has multiple uses, separate rules under section 270EB apply to calculate the allowance.

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