Finance Act 1997

Interpretation of Chapter VI of Part II

2(1)In subsection (2) of section 51 (definitions), after the definition of “relevant land” there shall be inserted the following definition—

““return” means (subject to section 59C(10)) any return required to be made under the [1970 c. 9.] Taxes Management Act 1970 for income tax or corporation tax purposes.”

(2)In subsection (5) of that section—

(a)in paragraph (b), for “that expenditure is” there shall be substituted “that person is entitled to have that expenditure”; and

(b)in sub-paragraph (iii), for “he is required” there shall be substituted “he would be required (disregarding section 24(7))”.

(3)After that subsection there shall be inserted the following subsection—

“(5A)In this Chapter references to making a claim for an allowance in respect of any expenditure include references—

(a)to making a return in which the expenditure is taken into account, as expenditure on the provision of a fixture, in determining a person’s qualifying expenditure for the purposes of section 24, and

(b)to giving notice of any such amendment of a return as provides for that expenditure to be so taken into account.”

(4)After subsection (6) of that subsection there shall be inserted the following subsection—

“(6A)Where a person who has made a return becomes aware that anything contained in that return has, after being made, become incorrect by reason of—

(a)the making an election under section 59B, or

(b)the operation, in his case, of section 56A(1), section 56B(1) or section 59C(3),

he shall, within three months of first becoming so aware, give notice to an officer of the Board of the amendments that are necessitated in his return in the light of the matter of which he has become aware.”

(5)In subsection (8), paragraph (b) (expenditure under commitments made before 12th July 1984 not subject to the provisions of the Chapter) shall cease to have effect.

(6)Subject to sub-paragraphs (7) and (8) below, this paragraph has effect for chargeable periods ending on or after 24th July 1996.

(7)Where, but for this sub-paragraph, the latest time for the giving of a notice under subsection (6A) of section 51 would be before the end of the period of three months beginning with the day on which this Act is passed, that subsection shall have effect as if the latest time for the giving of that notice were the end of that period of three months.

(8)Section 59(10) shall not apply by virtue of sub-paragraph (5) above in any case where it would not have applied apart from that sub-paragraph and the fixture is treated as having ceased to belong to the former owner before 24th July 1996.