Insights
Seminars & Events
News

Latest Insights

Case Law – Gunfleet Sands v HMRC New Ruling

A Court of Appeal hearing on the Gunfleet Sands v HMRC case has given rise to substantial additional tax reliefs on costs, previously interpreted as non qualifying for Capital Allowances by the First-Tier Tribunal.

20 Mar 2025

Written by: David Gibson

Case Law – Mersey Docks & Harbour Company v HMRC

HMRC continue to raise enquiries and to disallow items of plant that could be used for a claimant’s trade. This case relates to the quay wall at the Port of Liverpool

14 Jan 2025

Written by: Clive Curd

Case Law – Changi Airport Loses $273m Tax Break

Changi Airport Group (CAG) made Capital Allowances claims over three years totalling $272,575,162 on assets including the runways and taxiways but lost with the Court of Appeal determining that the assets were structures and not tools of trade.

20 Dec 2024

Written by: Tom Lo

Archive

 

Latest News

Case Law – Gunfleet Sands v HMRC New Ruling

20 Mar 2025

A Court of Appeal hearing on the Gunfleet Sands v HMRC case has given rise to substantial additional tax reliefs on costs, previously interpreted as non qualifying for Capital Allowances by the First-Tier Tribunal.

Case Law – Mersey Docks & Harbour Company v HMRC

14 Jan 2025

HMRC continue to raise enquiries and to disallow items of plant that could be used for a claimant’s trade. This case relates to the quay wall at the Port of Liverpool

Case Law – Changi Airport Loses $273m Tax Break

20 Dec 2024

Changi Airport Group (CAG) made Capital Allowances claims over three years totalling $272,575,162 on assets including the runways and taxiways but lost with the Court of Appeal determining that the assets were structures and not tools of trade.

Furnished Holiday Lets – HMRC Clarify Legislation

07 Nov 2024

The window to claim Capital Allowances tax relief on furnished holiday lettings (FHLs) is fast decreasing before repeal of the legislation in April 2025 and HMRC have now clarified the transitional rules about who can or can't claim.

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 deduct 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

In recent years, the aparthotel market has seen significant growth, as the UK and world working practices evolve, so the short stay accommodation needs have changed. For those old enough to have seen numerous property cycles, they will recall hotel building allowances, but since their abolition the ability to attract tax relief has changed and we explore the relevance on the aparthotel market.

The first point to address, is to start by clarifying that an aparthotel will not typically be excluded from claiming capital allowances as a dwelling, given that the very nature of their business is to offer temporary accommodation, albeit that which is akin to a flat rather than a hotel room.

Once you have established that your property is to be operated in such a way, then it allows the investor to consider the possibility of claiming capital allowances on certain qualifying fixtures.

With the removal of hotel allowances, it requires a more forensic approach to determine which expenditure qualifies rather than being able to take the whole property as qualifying as you could before. The good news, however, is that by their very nature with a high proportion of useable space to core area, it means that there is a high proportion of the overall development value which will be able to attract tax relief by claiming capital allowances.

This will include, unlike say for a student accommodation building, the rooms for rent themselves and all the qualifying fixtures contained within.

It is worth highlighting also, that it does not matter whether the investor in such a property holds a freehold or leasehold interest, providing you own the relevant interest and secondly, the benefit of this tax relief is not just for UK investors but is also available to overseas owners. Offshore holding entities will benefit from reducing their withholding tax liability when they come to do their annual non-resident landlord tax return, which is subject to paying 20% income tax on all income remitted offshore.

If you would like to discuss the above article or have a scenario that you would like to explore further, then please contact one of our directors.