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New Case Law – Capital v Revenue

A recent important Supreme Court decision in Centrica Overseas Holdings Limited v HMRC addresses the deductibility of expenses incurred by a company. The bar to dedeuct costs has been raised considerably

04 Oct 2024

Written by: David Gibson

HMRC To Increase Scrutiny on Capital Allowances Claims

Not only are Allowances more advantageous than ever before, but HMRC are strategically targeting tax leakage – including through Capital Allowances. Getting the correct advice is essential

04 Oct 2024

Written by: Russell Bennett

100% Full Expensing – What is it and why it’s important

Hailed as the “Greatest Tax Break in History” when it was introduced in 2021, the 130% Super Deduction aimed to take some of the sting away from the hike in Corporation Tax rate that was announced in the same speech. Its replacement, Full Expensing (FE), took over in April 2023 as a slightly less headline-grabby 100% First Year Allowance. But what is it?

09 Sep 2024

Written by: Russell Bennett

Archive

 

Latest News

New Case Law – Capital v Revenue

04 Oct 2024

A recent important Supreme Court decision in Centrica Overseas Holdings Limited v HMRC addresses the deductibility of expenses incurred by a company. The bar to dedeuct costs has been raised considerably

HMRC To Increase Scrutiny on Capital Allowances Claims

04 Oct 2024

Not only are Allowances more advantageous than ever before, but HMRC are strategically targeting tax leakage – including through Capital Allowances. Getting the correct advice is essential

100% Full Expensing – What is it and why it’s important

09 Sep 2024

Hailed as the “Greatest Tax Break in History” when it was introduced in 2021, the 130% Super Deduction aimed to take some of the sting away from the hike in Corporation Tax rate that was announced in the same speech. Its replacement, Full Expensing (FE), took over in April 2023 as a slightly less headline-grabby 100% First Year Allowance. But what is it?

Some Good News for Furnished Holiday Let Owners

05 Aug 2024

Positive transitional rules have now been published allowing Furnished Holiday Let owners the ability to use Capital Allowances beyond April 2025

Case Ruling – HMRC v Altrad Services Limited

10 Jul 2024

The decision by the Court of Appeal will have far reaching implications in that it clearly resets the boundaries of what is a capital allowances avoidance scheme designed to increase the quantum of capital allowances claimed

Spring Budget Update

06 Mar 2024

Chancellor Jeremey Hunt announces changes to the capital allowances legislation affecting furnished holiday let owners

Capital v Revenue – Understand The Risks v Benefit

24 Jan 2024

As we are fast approaching the self assessment filing deadline for individuals and the amendment window for corporate entities with a year end of March, understanding the importance of what constitutes capital or revenue expenditure, and the risks and benefits associated with it, is extremely important.

First Year Allowances for Corporate Members of Partnerships

19 Jan 2024

In a positive move HMRC have updated their capital allowances guidance for partnerships stating that partnerships with underlying corporate partners can claim first year allowances

Substantial Unclaimed Capital Allowances On Existing Assets

23 Oct 2023

Capital Allowances provide an opportunity to save substantial amounts of money in a lean market yet many property owners and occupiers are already sitting on vast savings without even knowing it.

New measures designed to restrict tax avoidance by large multinationals could also hit the profits of property investors.  Under proposed plans, the ability to offset your tax bill with all finance interest payments is to be capped to between 10% and 30% of profits.

This would result in higher tax bills for some and would particularly impact on real estate companies who often carry a high level of debt.

REIT companies could also be affected given that whilst they do not pay tax they are required to distribute 90% of their tax-exempt profits.  This would mean that if a portion of their interest payments were not tax deductible dividends would increase against a possible drop in the actual returns being made.

”In recent years, Capital Allowances has been seen as one of the few legitimate ways in which companies and individuals can look to mitigate tax”

As with the general property market, the way in which property is financed goes in cycles and in the current market of relatively low loan to values it has already created a widening gap between income receipts and the allowable tax deductions.  So any talk of reducing the ability to fully deduct for loan interest payments should be a concern for some.

This coupled with the current trend of rising rents means that this gap is only likely to widen further, with tax becoming an increasing cost to investment returns.

In recent years, Capital Allowances has been seen as one of the few legitimate ways in which companies and individuals can look to mitigate tax on property.  This is set to continue and Capital Allowances will be of greater importance should this measure get the green light.

Capital Allowances also offers investors the added flexibility of being able to claim from day one, whilst being able to roll any unclaimed allowances forwards to a future period, when there is often a greater need to mitigate tax.  This will allow investors to adapt to changing market conditions and future proof against those unforeseen changes, such as the one being proposed.

This change is part of wider consultation on the tax deductibility of interest expense, with the deadline for responses by 14 January 2016, with any new rules planned to come into force on 1 April 2017.