SCHEDULE 4A - Capital, Expenditure, On Approved Agricultural, Projects
1. Subject to this Schedule, qualifying farm expenditure for the purposes of this Schedule is capital expenditure within the meaning of paragraph 2, incurred by a person for the purposes of a business of that person consisting of the carrying on of an approved agricultural project, within the period stipulated by the Minister for the purposes of this Schedule, in respect of which expenditure that person would have been entitled to an allowance under Schedule 3 but for an election under this Schedule.
2. Subject to paragraph 1, qualifying farm expenditure is capital expenditure incurred for the purposes of an approved agricultural project on-
(a) the clearing and preparation of land;
(b) the planting (but not replanting) of a crop relating to an approved agricultural project;
(c) the construction on a farm of a road or bridge;
(d) the construction on a farm of a building used for the purposes of an approved agricultural project which is carried out on that farm or the construction on that farm of a building provided for the welfare and accommodation of persons employed in that project and which, if that project ceased to be carried out, is likely to be of little or no value to any person except in connection with the working of another farm; or
(e) the construction of a pond or the installation of an irrigation or drainage system which is used for the purposes of an approved agricultural project.
3 . A person who has incurred qualifying farm expenditure may elect to claim within three months after the beginning of the year of assessment in the basis period in which that business commenced or within such further period as the Director General may allow, a deduction to be made under this Schedule:
Provided that-
(a) this paragraph shall not apply where the total area of the land utilised for the approved agricultural project is below the hectarage stipulated by the Minister for the purposes of this Schedule;
(b) where a person has made an election for a deduction under this Schedule in respect of an approved agricultural project he shall not be entitled to make a further election in respect of another project relating to the same crop or product.
4. Subject to this Schedule, there shall be deducted for a year of assessment under subsection 44(1) an amount equal to so much of the qualifying farm expenditure as was incurred in the basis period for the year of assessment (in this Schedule that year of assessment being referred to as "the relevant year").
5. A person entitled to a deduction in respect of any expenditure relating to an approved agricultural project under this Schedule shall not be entitled to a deduction in connection with another approved agricultural project in respect of the same expenditure.
6. Where by reason of the fact that there is for the relevant year no or no sufficient defined aggregate, a deduction which would otherwise be made under subsection 44 (1) pursuant to this Schedule cannot be made or can be made only in part, the deduction (or, where the deduction can be made only in part so much of the deduction as cannot be made) shall be made for the first year of assessment (being a year of assessment subsequent to the relevant year) for which in computing the total income there is a defined aggregate, and so on for the years of assessment subsequent to that first year until the whole amount of the deduction has been made.
7. Where a person who has incurred qualifying farm expenditure and claimed a deduction in respect of such expenditure under this Schedule, receives an amount as consideration for the disposal of an asset in relation to which such qualifying farm expenditure was incurred, the amount so received shall be added under paragraph 43(1)(c) in ascertaining his aggregate income for the year of assessment in the basis period in which that amount was received:
Provided that-
(a) the amount so added shall not exceed the total deductions allowed in relation to that asset under this Schedule;
(b) this paragraph shall not apply where in the case of an asset in relation to which an agricultural allowance would have been made to him under Schedule 3 but for a claim under this Schedule, the disposal takes place after the end of ten years commencing from the date on which the qualifying farm expenditure in relation to that asset was incurred.
7A. This Schedule shall not apply to a company-
(a) for the period during which the company-
(i) has been granted pioneer status under the Promotion of Investments Act 1986 in respect of a promoted activity or promoted product and is applying or intends to apply for the grant of a pioneer certificate; or
(ii) has been granted pioneer certificate under the Promotion of Investments Act 1986 in respect of a promoted activity or promoted product and whose tax relief period has not ended or ceased;
(b) for the period prescribed under paragraph 29 (2)(b), (c) or (d) of the Promotion of Investments Act 1986 in respect of a promoted activity or promoted product for which the company has been granted approval under section 27 of that Act; or
(c) for the period during which that company, notwithstanding the repeal of the Investment Incentives Act 1968 [ Act199] -
(i) has been given approval under section 5, 12A or 12B of that Act and whose tax relief period has not ended; or
(ii) has been given approval under section 26 of that Act and incurs capital expenditure which qualifies for investment tax credit.
[Ins. Act 420: s.15]
8. (1) In this Schedule-
"approved agricultural project" means an agricultural project which is approved by the Minister by statutory order in the Gazette for the purposes of this Schedule;
"asset" means an asset in relation to which qualifying farm expenditure has been incurred;
"defined aggregate", in relation to a year of assessment, means the aggregate income for that year reduced by a deduction made pursuant to subsection 44 (2) or Schedule 4.
(2) The period and minimum hectarage in relation to an approved agricultural project for purposes of this Schedule shall be stipulated by the Minister in a statutory order in the Gazette.
