BIM64375 - Private finance initiative (PFI): capital allowances
In order to claim capital allowances the person incurring the
capital expenditure must satisfy the conditions in CAA01/S11.
CAA01/S11 (4)(b) requires that the person incurring the expenditure
owns the plant or machinery as a result of incurring it and is a
test based on legal title.
Where a private sector 'operator' incurs
capital expenditure on a PFI 'property' there may
be circumstances in which it does not hold the relevant legal
interest when the trade commences. In such circumstances it is
common for the operator to have an exclusive licence to occupy the
site during the construction phase. This exclusive right may amount
to a licence to occupy within CAA01/S175 (1)(e), giving the
operator the necessary qualifying interest for claiming capital
allowances on plant and machinery that become fixtures in the
property.
When the building phase is completed the exclusive access to
the site may cease, which will normally cause termination of the
exclusive licence to occupy, as the operator will no longer have
control over the land. The expiry of the qualifying interest marks
the point when the fixtures cease to belong to the operator for
capital allowance purposes. CAA01/S196 (1), item 4 in the table,
determines that the disposal value to be brought into the pool of
qualifying expenditure is nil, if no capital sums are received. The
effect is to enable the operator to continue claiming capital
allowances on the pool year on year, as the expenditure in the pool
is in respect of assets that were owned by the operator.
If the assets are chattels then the conditions in CAA01/S11
(4)(b) are met when the operator incurs expenditure on acquiring
the assets. Ownership will cease when the assets are delivered.
That will give rise to a disposal within CAA01/S61 (1)(a). The
disposal value is determined by CAA01/S61, item 7 in the table, as
the open market value of the assets at the date of disposal.
Where a capital contribution towards the construction costs
of a fixed capital asset of a business is allocated against
expenditure that qualifies for capital allowances, the qualifying
expenditure is reduced accordingly under CAA01/S532 (see CA14100).
For the value to be attributed to the asset see
BIM64190.
