Section 51H — Finance Act 2008: Fifth restriction: qualifying activities under common control

Fifth restriction: qualifying activities under common control 51H 1 This section applies in relation to two or more qualifying activities which, in a tax year—

a are carried on by a qualifying person other than a company, b are controlled by the same person (see section 51I),

and c are related to one another (see section 51J).

2 A qualifying activity is carried on by a qualifying person in a tax year if it is carried on by the person at the end of the chargeable period for the activity ending in the tax year.

3 Where all the qualifying activities are carried on by one qualifying person, that person is entitled to a single annual investment allowance in respect of the relevant AIA qualifying expenditure.

4 Where the qualifying activities are carried on by more than one qualifying person, those persons are entitled to a single annual investment allowance between them in respect of the relevant AIA qualifying expenditure.

5 The person or persons carrying on the qualifying activities may allocate the annual investment allowance to the relevant AIA qualifying expenditure as the person or persons think fit.

6 The relevant AIA qualifying expenditure is the AIA qualifying expenditure incurred for the purposes of the qualifying activities in the chargeable periods for those activities ending in the tax year mentioned in subsection (1).