Section 270IA Evidence of qualifying expenditure etcF1

United Kingdom

(1)

This section applies if a person (the “current owner”) is entitled to an allowance for a chargeable period under section 270AA by reference to a building or structure.

(2)

For the purposes of determining the amount of the allowance, the amount of the qualifying expenditure is treated as nil unless, before the current owner first makes a claim for an allowance under this Part, the allowance statement requirement is met.

(3)

The “allowance statement requirement” is met if—

(a)

in a case where the current owner incurred the qualifying expenditure in relation to the building or structure, the current owner makes an allowance statement;

(b)

in any other case, the current owner obtains (directly or indirectly) an allowance statement (or a copy of it) from any person who has previously been entitled to a relevant interest in the building or structure.

(4)

In this section an “allowance statement” means a written statement, identifying the building or structure to which it relates, of—

(a)

the date of the earliest F2... contract for the construction of the building or structure,

(b)

the amount of qualifying expenditure incurred on its construction or F3acquisition,

(c)

the date on which the building or structure is first brought into non-residential use F4, and

(d)

where qualifying expenditure is incurred on the construction or acquisition of the building or structure after the date mentioned in paragraph (c), the date on which the expenditure is incurred.

(F55)

Where the qualifying expenditure described in subsection (4)(b) consists of or includes F6special tax site qualifying expenditure (as defined in section 270BNA), a statement is not an allowance statement unless it states the amount of the special tax site qualifying expenditure.

Annotations

Textual amendments

F1: Pt. 2A inserted (5.7.2019) by The Capital Allowances (Structures and Buildings Allowances) Regulations 2019 (S.I. 2019/1087), regs. 1, 2
F2: Word in s. 270IA(4)(a) omitted (retrospectively) by Finance Act 2020 (c. 14), Sch. 5 paras. 7, 10
F3: Word in s. 270IA(4)(b) substituted (with effect in accordance with s. 13(2) of the amending Act) by Finance Act 2022 (c. 3), s. 13(1)(a)
F4: S. 270IA(4)(d) and word inserted (with effect in accordance with s. 13(2) of the amending Act) by Finance Act 2022 (c. 3), s. 13(1)(b)
F5: S. 270IA(5) inserted (10.6.2021) by Finance Act 2021 (c. 26), Sch. 22 para. 12
F6: Words in s. 270IA(5) substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 23 para. 13(c)