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Capital Allowances Act 2001 Chapter 2 — Qualifying expenditure

467–4693 provisions

Qualifying expenditure

467

Expenditure is qualifying expenditure only if it is— (a) qualifying trade expenditure, or (b) qualifying non-trade expenditure.

Qualifying trade expenditure

468

(1) “ Qualifying trade expenditure ” means capital expenditure incurred by a person on the purchase of patent rights for the purposes of a trade within the charge to tax carried on by the person. (2) The same expenditure may not be taken into account as qualifying trade expenditure in relation to more than one trade. (3) Expenditure incurred for the purposes of a trade by a person about to carry on the trade is to be treated as if it had been incurred by him on the first day on which he carries on the trade. (4) But subsection (3) does not apply if the person has before that day sold all the rights on the purchase of which the expenditure was incurred.

Qualifying non-trade expenditure

469

“ Qualifying non-trade expenditure ” means capital expenditure incurred by a person on the purchase of patent rights if— (a) any income receivable by the person in respect of the rights would be liable to tax, and (b) the expenditure is not qualifying trade expenditure.

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