My bookmarksSign up free
Capital Allowances Act 2001

Capital Allowances Act 2001 s 228H

s 228H Sections 228A to 228G: supplementary

(1) In sections 228A to 228G— “ consideration ” does not include rentals; ... the “ net book value ”of leased plant or machinery means the book value of the plant or machinery having regard to any relevant entry in S's accounts, but— also having regard to depreciation up to the time in question, and disregarding any revaluation gains or losses and any impairments; ... “ S ” does not include an assignee of S; “ termination ” in relation to a leaseback includes ...— the assignment of S's interest, the making of any arrangements (apart from an assignment of S's interest) under which a person other than S becomes liable to make some or all payments under the leaseback, and a variation as a result of which the leaseback ceases to be a finance lease. (1A) For the purposes of sections 228A to 228G, references to consideration given (or payable to S) for the grant to B of rights over the plant or machinery do not include— (a) rentals payable under that grant, or (b) any relevant capital payment (within the meaning of section 890 of CTA 2010 or section 809ZA of ITA 2007) to which either of those sections applies. (1B) In relation to a case where some but not all of the consideration mentioned in subsection (1A) falls within paragraph (b) of that subsection, sections 228B to 228G or section 228J have effect subject to such modifications as are just and reasonable. (2) In a case where accounts drawn up are not correct accounts, or no accounts are drawn up— (a) the provisions of sections 228A to 228G apply as if correct accounts had been drawn up, and (b) amounts referred to in any of those sections as shown in accounts are those that would have been shown in correct accounts. (3) In a case where accounts are drawn up in reliance upon amounts derived from an earlier period of account for which correct accounts were not drawn up, or no accounts were drawn up, amounts referred to in sections 228A to 228G as shown in the accounts for the later period are those that would have been shown if correct accounts had been drawn up for the earlier period. (4) In subsections (2) and (3) “ correct accounts ” means accounts drawn up in accordance with generally accepted accounting practice.

Read this section in the full act → · Open its part →

Read the official text ↗

Contains public sector information licensed under the Open Government Licence v3.0.

What to look at next