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Capital Allowances Act 1990

Status:

This is the original version (as it was originally enacted).

43Joint lessees: new expenditure

(1)This section shall have effect in any case where machinery or plant is leased to two or more persons jointly and—

(a)at least one of them is a person falling within section 42(1)(a) and (b); and

(b)the leasing is not permitted leasing; and

(c)the expenditure in question is new expenditure.

(2)If at any time when the machinery or plant is leased as mentioned in subsection (1) above the lessees use the machinery or plant for the purposes of a trade or trades, otherwise than for leasing, the expenditure on the provision of the machinery or plant shall be treated as not falling within section 42(1) if and to the extent to which it appears that the profits or gains of the trade or trades arising throughout the requisite period (or the period of the lease, if shorter) will be chargeable to income tax or corporation tax.

(3)Where, by virtue of subsection (2) above, part only of the expenditure on the provision of any machinery or plant is treated as not falling within section 42(1), then, whether or not the machinery or plant continues to be leased as mentioned in subsection (1) above, sections 24, 25, 26, 41 and 42 shall have effect as if—

(a)that part were expenditure on the provision of a separate item of machinery or plant; and

(b)the remainder were expenditure (falling within section 42(1)) on the provision of another item of machinery or plant used otherwise than for a qualifying purpose;

and there shall be made all such apportionments as are necessary in consequence of this subsection.

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