CA92010 - Structures and buildings allowance (SBA): use: relevance of 'use'

CAA01/S270AA(2)(a)(ii) & (b)

‘Use’ is relevant for SBA in the context of the following two terms:

• non-residential use CA92400
• qualifying use CA92100.

Qualifying use is a subset of non-residential use. For non-residential use to be qualifying use the non-residential use must be both of the following:

• for the purposes of a qualifying activity carried on by the holder of the relevant interest
• not insignificant CA92200.

The building

For a building to qualify for SBA CA90100, the building’s first use must be non-residential. It is this first non-residential use of a building which commences the up to 33 1/3 year period of SBA entitlement (unless the building is already in qualifying use, in which case it will be the day on which the qualifying expenditure is incurred which triggers commencement).

The relevant interest-holder’s entitlement to SBA

For a person holding the relevant interest to be entitled to SBA CA91100 in any chargeable period the building must be in non-residential use at some point in that period.

Additionally, that person must have previously brought the building into qualifying use. Until they do so, they cannot claim the SBA.