# Capital Allowances Act 2001, Section 439A: Qualifying expenditure incurred for purposes of NI rate activity


(1) Subsection (2) applies if—
(a) a company that does not have a Northern Ireland regional establishment incurs expenditure for the purposes of a trade,
(b) the activities for the purposes of which the expenditure is incurred would, if the company were a NIRE company, be an NI rate activity treated as a separate trade, and
(c) the company subsequently becomes a NIRE company.
(2) The expenditure is to be treated as incurred on the first day of the first chargeable period in which the company is a NIRE company.
(3) Subsection (4) applies if—
(a) a partnership that does not have a Northern Ireland regional establishment incurs expenditure for the purposes of a trade,
(b) the activities for the purposes of which the expenditure is incurred would, if the partnership were a Northern Ireland Chapter 7 firm, be an NI rate activity treated as a separate trade, and
(c) the partnership subsequently becomes a Northern Ireland Chapter 7 firm.
(4) The expenditure is to be treated as incurred on the first day of the first chargeable period in which the partnership is a Northern Ireland Chapter 7 firm.
(5) In this section “Northern Ireland regional establishment” has the same meaning as in Part 8B of CTA 2010 (see Chapter 5 of that Part as read, in relation to a partnership, with section 357WA(4) of that Act).

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Source: https://www.legislation.gov.uk/ukpga/2001/2/section/439A (the official version)
Page: https://openlegislation.uk/capital-allowances-act-2001/section-439A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.