HC Deb 13 January 1994 vol 235 c249W
Mr. Burns

To ask the Chancellor of the Exchequer if he will make a statement about schemes which enable investors to get up-front tax relief on investments in enterprise zone buildings which they can subsequently sell without any clawback of that relief.

Mr. Dorrell

Capital allowances are available to the owners of buildings in enterprise zones and of industrial buildings elsewhere. Where a building is sold within the first twenty-five years of its life, a balancing adjustment is made which brings the tax relief into line with the actual depreciation. In this way any excess tax relief given can be recovered. There is, however, a defect in the capital allowances legislation which enables the owner of a building effectively to dispose of his interest through the granting of a long lease without triggering any recovery of excess allowances. This is a weakness of which some taxpayers are aiming to take advantage.

We propose to bring forward legislation at Committee stage of the Finance Bill which will rectify this defect by imposing a balancing charge when a building on which capital allowances have already been claimed is leased for a capital sum. The new rules will apply to capital sums received by a taxpayer in respect of a relevant interest in a building which he has acquired on or after today.