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Section 198 elections for plant fixtures

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SPEED READ When plant is sold a disposal value must be brought into account. This may be calculated using a ‘just and reasonable apportionment’, or for fixtures, a Capital Allowances Act 2001 s 198 election. Sellers should generally seek to agree as low an election amount as possible (eg, tax written-down value or say £1). However, buyers should usually avoid elections at less than the full amount of the seller’s claim. There are various technical conditions necessary to make an election, but the greatest practical difficulty normally arises from providing information sufficient to identify the plant, and quantifying the value of fixtures.

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