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Capital v Revenue – Understand The Risks v Benefit

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.

24 Jan 2024

Written by: Matt Bell

First Year Allowances for Corporate Members of Partnerships

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

19 Jan 2024

Written by: Abu Choudhury

Substantial Unclaimed Capital Allowances On Existing Assets

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.

23 Oct 2023

Written by: David Gibson

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Latest News

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.

The Risk to Lawyers of Not Correctly Addressing Capital Allowances

23 Oct 2023

Solicitors acting for clients on a purchase or disposal of a commercial property must ensure they correctly address capital allowances; failure to do so may give rise to reputational and / or financial risk.

Maximising Capital Allowances and Avoiding Pitfalls Through Timing

23 Oct 2023

The rules surrounding the transition between Super Deduction and Full Expensing can be complex and the importance of fully analysing and understanding any contract for construction or purchase is significant.

Use Capital Allowances to Help Pay for Higher Spec Offices

23 Oct 2023

On a typical £1m CAT B fit out the landlord or occupier, whoever is incurring the expenditure, could recover up to £250k by claiming Capital Allowances.

HMRC Capital Allowances Enquiries Focusing On Certain Sectors

26 Sep 2023

An increasing number of claims being submitted to HMRC are not fully compliant with the legislation, and in some cases are double what they should be, particularly in certain industry sectors.

Unearthing Hidden Treasures – LGT Wealth Article

01 Sep 2023

Veritas Director David Gibson was recently interviewed by Nicholas Duffy of LGT Wealth Management for thoughts on how family offices and property owners can identify Capital Allowances to help leverage other investments. Click here to read in full

Offset ESG Costs With Capital Allowances

09 Aug 2023

The impact of both ESG and MEES on the property sector is resulting in significant capital investments. To incentivise and reduce the net cost of capital investment, tax relief is available by way of capital allowances.

In the current market with lower loan to values, government policy tightening the ability to mitigate tax through carried forward losses and loan interest payment.  Capital Allowances remains one of the key ways to obtain a significant tax saving against property expenditure.  Here we set out what the benefit looks like for a business or an investor.

Not fully utilising the benefit of Capital Allowances on a development will ultimately reduce profits after tax for a business or lower the returns on an investment.

Often for a business or investor embarking on a development, its primary concern is the management of costs to deliver the project within budget.  Whilst the claiming of Capital Allowances does not reduce the outlay of expenditure to pay for such developments, they do reduce costs post completion.

The development of a standard Cat A office which costs say £10m to build, will typically attract Capital Allowances of up to £4.5m.  In benefit terms, if the property is to be held by an owner occupier or investor deriving an income, paying tax at say 20%, the total benefit to them would be a £900,000 cash saving, by reducing the amount of tax which would otherwise be paid.

From a feasibility point of view, it could therefore be argued that the net cost of the development is rather £9.1m, albeit the allowances are claimed over a number of years.

The benefit attained, is directly correlated to the given tax rate payable by the claimant.  Therefore, the benefit to a high net worth individual, who could be in a partnership, paying 45% tax rate is going to have a higher cash benefit than for a corporate tax payer of currently 19%.

Irrespective of the benefit attainable, research as shown that majority of claims are not processed, down to a variety of reasons, which means that in our example £900,000 of tax revenue is passed back to HMRC.

Now not all parties can claim Capital Allowances, with the most common reason being that the development is to be held as trading stock with the intention to sell on once completed.  In this scenario, the Capital Allowances should still be quantified so that they can be included within the heads of terms.  By highlighting to a potential buyer, the unclaimed value of Capital Allowances whilst may not always lead to a higher purchaser price, but a significant value can still be added to the deal as part of the overall negotiations.

Finally, for REITs (Real Estate Investment Trusts) and PAIFs (Property Authorised Investment Funds), who are legally required to claim Capital Allowances under a shadow tax regime.  Whilst there is no direct tax benefit, as tax is paid at an investor level, it does however provide a benefit by retaining cash in the business by reducing the amount that has to be distributed to the investors via a PID (property income dividend).

To discuss this article or if you have any general Capital Allowance queries, then please get in contact with one of our Directors.