machinery and plant

Show Summary Details

Quick Reference

Generally, the machines, parts of machines, and all other apparatus used for carrying on a business, but excluding stock in trade. An Annual Investment Allowance on the first £50,000 of expenditure in a financial year and capital allowances (generally 20%) for the excess over £50,000 are available for the purchase costs of machinery or plant used in a trade, profession, or vocation.

Neither machinery nor plant is defined in the Capital Allowances Act. However, in Yarmouth v France [1887] 19 QB 647 Lord Justice Lindley ruled “in its ordinary sense [plant] includes whatever apparatus is used by a business man for carrying on his business – not his stock-in-trade, which he buys or makes for sale; but all goods and chattels, fixed or movable, live or dead, which he keeps for permanent employment in his business”. Machinery and plant has been held to include a barrister's law books (Munby v Furlong [1977] 2 All ER 953 (CA), railway locomotives and carriages (Caledonian Rly Co v Banks [1880] 1 TC 487), knives and lasts used in the manufacture of shoes (Hinton v Maden and Ireland Ltd [1959] 1 WLR 875 (HL), a swimming pool (Cooke v Beach Station Caravans Ltd [1974] 1 WLR 322 (HL), decorative screens (Leeds Permanent Building Society v Procter [1982] 3 All ER 925), and a metal seagull sculpture and other items designed to create “ambience” (IRC v Scottish and Newcastle Breweries Ltd [1982] 1 WLR 1450).

Subjects: Law.

Reference entries

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.