BIM64385 - Private finance initiative (PFI): capital allowances: highway undertakings: toll roads
CAA01/S341 expanded the industrial buildings allowance code to
include
capital expenditure on the construction of a road
for the purpose of, or in connection with, the exploitation of a
right to charge tolls in respect of the road.
The scope of a toll road operator's trading operations does
not include the building of roads. However, a private sector
'operator' who is granted a right to charge tolls in respect of a
road may be required, as a capital cost of acquiring that right, to
build the road on land owned by a public sector purchaser. See RTZ
Oil and Gas Ltd v Elliss [1987] 61TC132 and
BIM62065.
In such circumstances, the rights acquired by the operator
may not amount to a 'relevant interest' in the road for the
purposes of industrial buildings allowance when the operator incurs
the expenditure. Where that is the case, and the operator is
entitled to a highway concession, i.e. the right to charge tolls,
CAA01/S342 (2) states that the highway concession is to be treated
as the relevant interest in respect of the road for industrial
buildings allowance purposes (see CA38200).
