Section 104E — Finance Act 2008: Disposal value of special rate assets

Disposal value of special rate assets 104E 1 This section applies if—

a section 104D (writing-down allowances at 10%) has had effect in relation to any special rate expenditure incurred by a person (“the taxpayer”),

b any disposal event occurs in relation to the item on which the expenditure was incurred, c the disposal value to be brought into account by the taxpayer would (but for this section) be less than the notional written-down value of the item, and d the disposal event is part of, or occurs as a result of, a scheme or arrangement the main purpose or one of the main purposes of which is the obtaining by the taxpayer of a tax advantage under this Part.

2 The disposal value that the taxpayer must bring into account is the notional written-down value of the item.

3 The notional written-down value is— QE - A where— QE is the taxpayer's expenditure on the item that is qualifying expenditure, and A is the total of all allowances which could have been made to the taxpayer in respect of that expenditure if— (a) that expenditure had been the only expenditure that had ever been taken into account in determining the taxpayer's available qualifying expenditure, (b) where the item is a long-life asset, that expenditure had not been prevented by the application of a monetary limit from being long-life asset expenditure, and (c) all allowances had been made in full.