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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

Furnished Holiday Lets – HMRC Clarify Legislation

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.

07 Nov 2024

Written by: David Gibson

Archive

 

Latest News

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

Spring Budget Update

06 Mar 2024

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

When HMRC decided to move the goal posts, stating that students went to University not just to study but to live, it meant that the interaction of capital allowances and the definition of dwellings clashed. Here we explain that despite this change in guidance, there still exists a great deal of benefit in claiming capital allowances on student accommodation property.

As an alternative market for property investors, typically with higher returns than for a typical core investment, combined with the supply and demand economics, many investors are developing purpose built student accommodation.

The one property sector for which claiming capital allowances are excluded from, is one which consists of your main dwelling home and so with the introduction of HMRC briefing 45/10, it categorised the cluster bedroom and studio as being deemed to be a dwelling and therefore ineligible for capital allowances.

It can be easy to overlook the fact that despite this change, the ability to claim capital allowances on student accommodation is still very much available to an investor. Typically, student accommodation buildings consist of clusters flats, but outside of that there are often communal corridors and shared facilities, such as common rooms, laundry, bike stores, plant rooms and management areas. These areas all fall outside of the residential definition and therefore, can still attract capital allowances.

The difficulty then is establishing the proportion of the building cost which can be treated as eligible versus non-allowable i.e. within the dwelling part of the property. It becomes even more complicated when you consider mechanical and electrical services which serve both dwelling and non-dwelling parts of the building.

On considering HMRC’s guidance it should also not be overlooked that for onsite campus student accommodation, the ability to claim on the bedrooms can still be considered providing certain criteria are met.

These often, high income producing assets, can take great benefit by maximising their claims for capital allowances either on behalf of the developing entity or alternatively, to pass over the benefit on disposal, to make a gain on sale.

Veritas Advisory have advised extensively on this expanding sector, including 10,000 rooms this calendar year; if you have any specific queries please contact Clive Curd our student accommodation specialist.